TMI BlogProtocolX X X X Extracts X X X X X X X X Extracts X X X X ..... 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 establishment for such sales or business. Especially, in the case of contracts for the survey, supply, installation or construction of industrial, commercial or scientific equipment or premises, or of public works, when the enterprise has a permanent establishment, the profits of such permanent establishment shall not be determined on the basis of the total amount of the contract, but shall be determined only on the basis of that part of the contract which is effectively carried out by the permanent establishment in the State where the permanent establishment is situated. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hat the fact that associated enterprises have concluded arrangements, such as cost-sharing arrangements or general services agreements, for or based on the allocation of executive, general administrative, technical and commercial expenses, research and development expenses and other similar expenses, is not in itself a condition as meant in paragraph 1 of Article 9. IV. Ad Articles 10, 11 and 12 1. Where tax has been levied at source in excess of the amount of tax chargeable under the provisions of Article 10, 11 or 12, applications for the refund of the excess amount of tax have to be lodged with the competent authority of the State having levied the tax, within a period of three years after the expiration of the calendar year in whi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt shall also apply under this Convention. VI. Ad Article 16 It is understood that bestuurder or commissaris of a Netherlands company means persons, who are nominated as such by the general meeting of shareholders or by any other competent body of such company and are charged with the general management of the company and the supervision thereof, respectively. VII. Ad Article 23 It is understood that for the computation of the reduction mentioned in paragraph 2 of Article 23, the items of capital referred to in paragraph 1 of Article 22 shall be taken into account for the value thereof reduced by the value of the debts secured by mortgage on the capital and the items of capital referred to in paragraph 2 of Article 22 shall be t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ich their effective management was situated was also United Kingdom and the assessee-companies transferred their shareholdings in Indian companies to a newly formed company in Netherlands in consideration of shares of the new company, capital gains arising to assessee-companies would be taxable in India and could not be treated as exempt under Indo-UK DTAA or Indo-Dutch DTAADy. CIT v. General Electric Co. Plc. [2001] 71 TTJ 973/119 Taxman 13 (Cal. - Trib.). 1 [VIII Ad Article 26 1. The provisions of Article 26 shall also apply accordingly to information that is relevant for carrying out the income-related regulations under the laws of the States by the tax authorities of the State concerned with the implementation, administration o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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