Avoidance of Double Taxation between the Government of India and the Government of Finland - 0584[E] - Income Tax

Avoidance of Double Taxation between the Government of India and the Government of Finland Notification Number: 0584[E] Dated 22-10-1979 Whereas the Government of India and the Government of Finland have through Letters of Exchange as set out in the annexure below, agreed to delete paragraph (4) of Article VI of the agreement between the Government of India and the Government of Finland* concerning the Avoidance of Double Taxation of Income signed at New Delhi on the 23rd June, 1961; Now, therefore, in exercise of the powers conferred by section 90 of the Income-tax Act, 1961 (43 of 1961), and section 24A of the Companies (Profits) Surtax Act, 1964 (7 of 1964), the Central Government hereby directs that the provisions of the said Letters of Exchange shall be given effect to in the Union of India. ANNEXURE Excellency, I have the honour to refer to the Agreement between the Government of India and the Government of Finland concerning the Avoidance of Double Taxation of Income signed at New Delhi on the 23rd June, 1961, and to propose on behalf of the Government of India the deletion of paragraph (4) of Article VI thereof which reads as follows: * See [1962] 44 ITR (St.) 2 at p. 6. " This Article shall not, in the case of India, affect the provisions of sections 44A and 44B of the Indian Income-tax Act, 1922, relating to the assessment of profits from occasional shipping or tramp steamers. When an adjustment is to be made under section 44C of the Indian Income-tax Act, 1922, in the case of occasional shipping or tramp steamers, the provisions of paragraph (2) will apply. " If the foregoing is acceptable to your Government, this note and your Excellency's note of acceptance on behalf of the Government of Finland will constitute an amendment to the said Agreement and the Agreement as amended shall be applicable in respect of any assessment year commencing on or after the first day of April, 1976. Accept, Excellency, the assurances of my highest consideration. ( Sd. ) G. Ramachandran, Secy. Her Excellency Miss Riitta Oro Ambassador of Finland in India, New Delhi, Embassy of Finland New Delhi , the 16th August, 1979 Sir, I have the honour to refer to the Agreement between the Government of Finland and the Government of India concerning the Avoidance of Double Taxation of Income signed at New Delhi on 23rd June, 1961, and the proposal of the Government of India to delete paragraph (4) of Article VI thereof, which reads as follows: " This Article shall not, in the case of India, affect the provisions of sections 44A and 44B of the Indian Income-tax Act, 1922, relating to the assessment of profits from occasional shipping or tramp steamers. When an adjustment is to be made under section 44C of the Indian Income-tax Act, 1922, in the case of occasional shipping or tramp steamers, the provisions of paragraph (2) will apply. " I am pleased to inform you that the Government of Finland accepts the proposed amendment of the relevant provisions in the DTA Agreement as given above. The Agreement as amended shall be applicable in respect of any assessment year commencing on or after the first day of April, 1976. Accept, Sir, the assurances of my high consideration. ( Sd. ) Riitta Oro, Ambassador of Finland . Mr. G. Ramachandran, Finance Secretary, Ministry of Finance, Government of India , New Delhi . File Number: 505/2/76-FTD