TMI BlogAgreement between the Government of the Republic of India and the Kingdom of Spain for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxesX X X X Extracts X X X X X X X X Extracts X X X X ..... l in accordance with Article 9 of the said amending Protocol; Now, therefore, in exercise of the powers conferred by sub-section (1) of section 90 of the Income-tax Act, 1961 (43 of 1961) , the Central Government hereby notifies that all the provisions of the said amending Protocol, as annexed hereto, shall be given effect in the Union of India. [F. No. 503/02/1986-FTD-I] RASMI RANJAN DAS, Jt. Secy. ANNEXURE PROTOCOL BETWEEN THE REPUBLIC OF INDIA AND THE KINGDOM OF SPAIN AMENDING THE CONVENTION AND THE PROTOCOL BETWEEN THE REPUBLIC OF INDIA AND THE KINGDOM OF SPAIN FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND ON CAPITAL, WHICH WAS SIGNED AT NEW DELHI ON 8TH FEBRUARY, 1993. The Republic of India and The Kingdom of Spain; Desiring to conclude a Protocol (hereinafter referred to as Amending Protocol ) to amend the Convention and Protocol between the Republic of l ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xchange of information is not restricted by Articles 1 and 2. 2. Any information received under paragraph 1 by a Contracting State shall be treated as secret in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the assessment or collection of, the enforcement or prosecution in respect of, the determination of appeals in relation to the taxes referred to in paragraph 1, or the oversight of the above. Such persons or authorities shall use the information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. Notwithstanding the foregoing, information received by a Contracting State may be used for other purposes when such information may be used for such other purposes under the laws of both Contracting States. 3. In no case shall the provisions of paragraphs 1 and 2 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 Con ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... is enforceable under the laws of that State and is owed by a person who, at that time, cannot, under the laws of that State, prevent its collection, that revenue claim shall, at the request of the competent authority of that State, be accepted for purposes of collection by the competent authority of the other Contracting State. That revenue claim shall be collected by that other State in accordance with the provisions of its laws applicable 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 ..... aws or administrative practice; (d) to provide assistance in those cases where the administrative burden for that State is clearly disproportionate to the benefit to be derived by the other Contracting State. Article 5 After Article 28A (Assistance in the Collection of Taxes), a new Article 28 B shall be inserted as follows: ARTICLE 28B Limitation of Benefit 1. The Contracting States declare that their domestic rules and procedures with respect to the abuses of law (including tax treaties) may be applied to the treatment of such abuses. 2. It is understood that the benefits under this Convention shall not be granted to a person, which is not the beneficial owner of the items of income derived from the other Contracting State. 3. This Convention does not prevent Contracting States to apply domestic Controlled Foreign Corporation (CFC) rules. 4. Benefits under this Convention shall not be available to a resident of a Contracting State, or with respect to any transaction undertaken by such a resident, if the main purpose or one of the main purposes of the creation, existence, incorporation, regist ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... into force; (b) in the case of other taxes, in respect of taxes levied for taxable years beginning on or after the date this Amending Protocol enters into force; (c) in all other cases, on or after the date on which the Amending Protocol enters into force. 3. Notwithstanding the provisions of this Article, the provisions of Article 3 of this Amending Protocol shall apply in respect of any information referred to in the Article even if such matters pre-date the entry into force of this Amending Protocol or the effective date of any of its provisions. 4. Notwithstanding the provisions of this Article, the provisions of Article 4 of this Amending Protocol shall not apply to revenue claims enforceable before the entering into force of this Amending Protocol. With respect to revenue claims issued after the entering into force of this Amending Protocol, it will apply only if the revenue claims are in respect of a tax year that commences after a date that is four years before the date on which this Amending Protocol enters into force. Article 10 This Amending Protocol shall remain in force as long as the Convention remains in force. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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