TMI BlogModified Agreement for Avoidance of Double Taxation between India and JapanX X X X Extracts X X X X X X X X Extracts X X X X ..... e 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 all the provisions of the said Agreement shall be given effect to in the Union of India. ANNEXURE New Delhi, 30th November, 1974. Excellency, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l agree from time to time on the list of information which shall be furnished on a routine basis. (3) In no case shall the provisions of paragraph (1) above be construed so as to impose on one of the Contracting States the obligation: (a) to carry out administrative measures at variance with the laws or the administrative practice of that or of the other Contracting State; (b) to supply information which is not obtainable under the laws or in the normal course of the administration of that or of the other Contracting State; (c) to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, or information, the disclosure of which would be contrary to public policy. 2. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... paragraph 3 of the Protocol Modifying and Supplementing the Agreement signed at New Delhi on April 8, 1969 (hereinafter referred to as " the Protocol "), and to confirm, on behalf of the Government of India, the following understandings reached between the representatives of the two Governments: 1. In implementing the provisions of Article XII of the Agreement, it is understood that: (1) The competent authorities of the Contracting States shall exchange such information including documents (hereinafter referred to as " information ") as is necessary for carrying out the provisions of the Agreement, including information for the prevention or detection of evasion or avoidance of the taxes which are the subject of the Agreement. Any info ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , and the subsequent four assessment years; and (ii) on the part of Japan, in respect of any taxable year beginning between the 1st day of January, 1971, and the 31st day of December, 1975. I have further the honour to propose that this Note and Your Excellency's Note in reply confirming the foregoing understandings shall be regarded as constituting an agreement between the two Governments, which will enter into force on the date of Your Excellency's reply and remain in force as long as the Agreement and the Protocol remain in force. " I have further the honour to confirm the foregoing understandings on behalf of the Government of Japan and to agree that Your Excellency's Note and this note shall be regarded as constituting an agreeme ..... X X X X Extracts X X X X X X X X Extracts X X X X
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