TMI BlogAmendment in DTAA - Agreement for avoidance of double of fiscal taxation and preventionevasion with foreign countries - UzbekistanX X X X Extracts X X X X X X X X Extracts X X X X ..... pril, 2012 shall enter into force on the 20th day of July, 2012, being the date of the later of the notifications after completion of the procedures as required by the laws of the respective countries for the entry into force of the Protocol, in accordance with Article 7 of the said Protocol. Now, therefore, in exercise of the powers conferred by section 90 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby directs that all the provisions of the Protocol annexed hereto shall be given effect to in the Union of India in accordance with Article 7 of the said Protocol as namely:- (i) in respect of Articles 1,2,3,4 and 6 of the said Protocol for Financial Year 2013-2014 and subsequent financial years; and (ii) in r ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ARTICLE 5 The Agreement is amended by omitting Article 28 and substituting: "ARTICLE 28 EXCHANGE OF INFORMATION 1. The competent authorities of the Contracting States shall exchange such information (including documents and certified copies thereof) as is foreseeably relevant for carrying out the provisions of this Agreement or to the administration or enforcement of the domestic laws concerning taxes of every kind and description imposed on behalf of the Contracting States, or of their political subdivisions or local authorities, insofar as the taxation thereunder is not contrary to the Agreement. The exchange of information is not restricted by Articles 1 and 2 . 2. Any information received under paragraph 1 by a C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of which would be contrary to public policy (ordre public). 4. If information is requested by a Contracting State in accordance with this Article, the other Contracting State shall use its information gathering measures to obtain the requested information, even though that other State may not need such information for its own tax purposes. The obligation contained in the preceding sentence is subject to the limitations of paragraph 3 but in no case shall such limitations be construed to permit a Contracting State to decline to supply information solely because it has no domestic interest in such information. 5. In no case shall the provisions of paragraph 3 be construed to permit a Contracting State to decline to supply information sol ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... le to the enforcement and collection of its own taxes as if the revenue claim were a revenue claim of that other State. 4. When a revenue claim of a Contracting State is a claim in respect of which that State may, under its law, take measures of conservancy with a view to ensure its collection, that revenue claim shall, at the request of the competent authority of that State, be accepted for purposes of taking measures of conservancy by the competent authority of the other Contracting State. That other State shall take measures of conservancy in respect of that revenue claim in accordance with the provisions of its laws as if the revenue claim were a revenue claim of that other State even if, at the time when such measures are applied, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s of that State, prevent its collection, or (b) in the case of a request under paragraph 4, a revenue claim of the first-mentioned State in respect of which that State may, under its laws, take measures of conservancy with a view to ensure its collection the competent authority of the first-mentioned State shall promptly notify the competent authority of the other State of that fact and, at the option of the other State, the first-mentioned State shall either suspend or withdraw its request. 8. In no case shall the provisions of this Article be construed so as to impose on a Contracting State the obligation: (a) to carry out administrative measures at variance with the laws and administrative practice of that or of the other Contr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e case of India, in respect of income derived in any fiscal year beginning on or after 1 April next following the date on which the Agreement enters into force; (b) in the case of Uzbekistan, in respect of income derived in any year beginning on or after 1 January next following the date on which the Agreement enters into force; (c) for the purposes of Article 28 (Exchange of Information) of the Agreement, from the date of entry into force of this Protocol. IN WITNESS WHEREOF the undersigned, duly authorised, have signed this Protocol. DONE in duplicate at Tashkent, Uzbekistan this eleventh day of April, 2012, in the English, Hindi and Uzbek languages, all texts equally authentic, the English text to be the operative one in case o ..... X X X X Extracts X X X X X X X X Extracts X X X X
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