TMI BlogTerminationX X X X Extracts X X X X X X X X Extracts X X X X ..... of any fiscal year beginning on or after the first day of April following the calendar year in which the notice of termination is given ; (b) in France : (i) in respect of income arising in any calendar year or accounting period beginning on or after the first day of January following the calendar year in which the notice of termination is given ; (ii) in respect of capital owned on the first day of any calendar year following the calendar year in which the notice of termination is given. In witness whereof the undersigned, being duly authorised thereto, have signed the present Convention. Done in duplicate at Paris on this twenty nineth day of September, one thousand nine hundred and ninety two in the Hindi, French and English la ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dia and United Kingdom and the Federal Republic of Germany enters into force. It is understood that only the provisions included in both new Conventions, Agreements or Protocols between India and U.K. and F.R.G. shall apply to the present Convention. 3. In respect of paragraphs 1 and 2 of Article 7, where an enterprise of one of the Contracting States sells goods or merchandise or carries on business in the other Contracting State through a permanent establishment situated therein, the profits of that permanent establishment shall not be determined on the basis of the total amount received by the enterprise, but shall be determined only on the basis of the remuneration which is attributable to the actual activity of the permanent establis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and general administrative expenses in no case shall be less than what is allowable under the Indian Income-tax Act as on the date of signature of this Convention. 6. Where tax has been levied at source in excess of the amount of tax chargeable under the provisions of Article 11, 12 or 13, applications for the refund of the excess amount of tax have to be lodged with the competent authority of the Contracting State having levied the tax, within a period of three years after the expiration of the calendar year in which the tax has been levied. 7. In respect of articles 11 (Dividends), 12 (Interest) and 13 (Royalties, fees for technical services and payments for the use of equipment), if under any Convention, Agreement or Protocol signed ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment Cess on payments meant in Article 13, and if after the signature of this Convention under any Convention or Agreement or Protocol between India and third State which is a member of the OECD, India should give relief from such levy, directly by reducing the rate or the scope of the levy, either in full or in part, or, indirectly by reducing the rate or the scope of the Indian tax allowed under the Convention, Agreement or Protocol in question on payments as meant in Article 13 of this Convention with the levy, either in full or in part, then, as from the date on which the relevant Indian Convention, Agreement or Protocol enters into force, such relief as provided for in that Convention, Agreement or Protocol shall also apply under this ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Note the following case laws : n See Advance Ruling P. No. 13 of 1995, In re [1997] 94 Taxman 171 (AAR - New Delhi) n Income earned in France by Indian resident assessee is includible in his total income for rate purposes - Third ITO v. S.K. Sengupta [1983] 5 ITD 326 (Indore - Trib.) n Provisions of section 40A(5) were applicable to assessee-company which was French resident and had permanent establishment in India and it could not be said to be in violation of article III(3) of Double Taxation Avoidance Agreement entered into between Government of India and FranceBanque National de Paris v. IAC [1991] 39 ITD 224 (Bom. - Trib.). n Specific provisions made in Double Taxation Avoidance Agreement between Government of French Republ ..... X X X X Extracts X X X X X X X X Extracts X X X X
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