TMI BlogU/s 90 of the IT Act, 1961 - Double Taxation Agreement - Agreement Between the Government of the RepublicC of India and the Government of the Cayman Islands for the Exchange of Information with Respect to Taxes.X X X X Extracts X X X X X X X X Extracts X X X X ..... n of India forthwith. AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDIA AND THE GOVERNMENT OF THE CAYMAN ISLANDS FOR THE EXCHANGE OF INFORMATION WITH RESPECT TO TAXES The Government of the Republic of India and the Government of the Cayman Islands, desiring to facilitate the exchange of information with respect to taxes have agreed as follows: Article 1 : OBJECT AND SCOPE OF THE AGREEMENT - The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreement. Such information shall include information that is foreseeably relevant to the determination, assessment and collection of such taxes, the recovery and enforcement of tax claims, or the investigation or prosecution of tax matters. Information shall be exchanged in accordance with the provisions of this Agreement and shall be treated as confidential in the manner provided in Article 8. The rights and safeguards secured to persons by the laws or administrative practice of the Requested Party remain applicable to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Contracting parties; ( f ) the term "company" means any body corporate or any entity that is treated as a body corporate for tax purposes; ( g ) the term "publicly traded company" means any company whose principal class of shares is listed on a recognised stock exchange provided its listed shares can be readily purchased or sold by the public. Shares can be purchased or sold "by the public" if the purchase, or sale of shares is not implicitly or explicitly restricted to a limited group of investors; ( h ) the term "principal class of shares" means the class or classes of shares representing a majority of the voting power and value of the company; ( i ) the term "recognised stock exchange" means ( i ) in India, the National Stock Exchange, the Bombay Stock Exchange, and any other stock exchange recognised by the Securities and Exchange Board of India; ( ii ) in the Cayman Islands, the Cayman Islands Stock Exchange; and ( iii ) any other stock exchange which the competent authorities agree to recognise for the purposes of this Agreement. ( j ) the term "collective investment fund or scheme" means any pooled investment vehicle, irrespective of legal form; ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Requested Party may not need such information for its own tax-purposes. 3. If specifically requested by the competent authority of the Requesting Party, the competent authority of the Requested Party shall provide information under this Article, to the extent allowable under its domestic laws, in the form of depositions of witnesses and authenticated copies of original records. 4. Each Contracting Party shall ensure that its competent authority, for the purposes of this Agreement, has the authority to obtain and provide upon request: ( a ) information held by banks, other financial institutions, and any person, including nominees and trustees, acting in an agency or fiduciary capacity; ( b ) information regarding the legal and beneficial ownership of companies, partnerships, collective investment funds or schemes, trusts, foundations, "Anstalten" and other persons, including, within the constraints of Article 2, ownership information on all such persons in an ownership chain; in the case of collective investment funds or schemes, information on shares, units and other interests; in the case of trusts, information on settlors, trustees and beneficiaries; in the case o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ority of the Requesting Party of deficiencies in the request, if any, within 60 days of the receipt of the request. ( b ) If the competent authority of the Requested Party has been unable to obtain and provide the information within 90 days of receipt of the request, including if it encounters obstacles in furnishing the information or it refuses to furnish the information, it shall immediately inform the Requesting Party, explaining the reason for its inability, the nature of the obstacles or the reasons for its refusal. Article 6 : TAX EXAMINATIONS ABROAD - 1. At the request of the competent authority of the Requesting Party, the Requested Party may allow representatives of the competent authority of the Requesting Party to enter the territory of the Requested Party, to the extent permitted under its domestic laws, to interview individuals and examine records with the prior written consent of the individuals or other persons concerned. The competent authority of the Requesting Party shall notify the competent authority of the Requested Party of the time and place of the intended meeting with the individuals concerned. 2. At the request of the competent authority of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... y shall not be required to obtain and provide information which the Requesting Party would be unable to obtain in similar circumstances under its own laws for the purpose of the administration or enforcement of its own tax laws or in response to a valid request from the Requested Party under this Agreement. 5. The Requested Party may decline a request for information if the information is requested by the Requesting Party to administer or enforce a provision of the tax law of the Requesting Party, or any requirement connected therewith, which discriminates against a national of the Requested Party as compared with a national of the Requesting Party in the same circumstances. Article 8 : CONFIDENTIALITY - Any information received by a Contracting Party under this Agreement shall be stated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Contracting Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes imposed by a Contracting Party. Such persons or authorities shall use such inform ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... interpreters, translators or other agreed experts; ( c ) reasonable costs of conveying documents to the Requesting Party; ( d ) reasonable litigation costs of the Requested Party in relation to a specific request for information; and ( e ) reasonable costs for obtaining depositions or testimony. Article 12 : ENTRY INTO FORCE - 1. The Contracting Parties shall notify each other in writing of the completion of the procedures required by the respective laws for the entry into force of this Agreement. 2. This Agreement shall enter into force on the date of the later of the notifications referred to in paragraph 1 of this Article and shall thereupon have effect forthwith. Article 13 : TERMINATION - 1. This Agreement shall remain in force until terminated by either Contracting Party. 2. Either Contracting Party may, after the expiry of five years from the date of its entry into force, terminate the Agreement by serving a written notice of termination to the other Contracting Party through the appropriate channel. 3. Such termination shall become effective on the first day of the month following the expiration of a period of six months after the date o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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