Protocol - Protocol - Belarus

PROTOCOL The Government of Republic of India and the Government of the Republic of Belarus have agreed at the signing at New Delhi on 27th September, 1997, of the Agreement between the two States for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on property (capital) upon the following provisions which shall form an integral part of the said Agreement. 1. For purposes of this Agreement, the term political sub-division as used in the Agreement shall be applicable to India only. 2. With reference to Article 4, it is understood that when establishing the place of effective management as used in paragraph 3 of Article 4, circumstances which may, inter alia, be taken into account are the place where a company is actually managed and controlled, the place where the decision making at the highest level on important policies essential for the management of a company takes place, the place that plays a leading part in the management of a company from an economic and functional point of view and the place where the relevant accounting books are kept. 3. For purposes of this Agreement, it is understood that the term fixed base includes a fixed place such as an office or a room or any other place regularly available to him through which the activity of a person performing independent personal services is wholly or partly carried on. In witness thereof, the undersigned, being duly authorised thereto have signed this Protocol. Done, in duplicate, at New Delhi, this 27th day of September, 1997, in Hindi, Belarusian and English languages, all texts being equally authentic. In the case of divergence between any of the texts, the English text shall be the operative one. 1 [ANNEXURE PROTOCOL AMENDING THE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDIA AND THE GOVERNMENT OF THE REPUBLIC OF BELARUS FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME AND ON PROPERTY (CAPITAL) OF THE 27 th OF SEPTEMBER, 1997 The Government of the Republic of India and The Government of the Republic of Belarus; Desiring to conclude a Protocol (hereinafter referred to as Protocol ) to amend the Agreement between the Government of the Republic of India and the Government of the Republic of Belarus for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on Income and on Property (Capital), which was signed at New Delhi on 27 th September, 1997 (hereinafter referred to as the Agreement ), Have agreed as follow: ARTICLE 1 Article 27 of the Agreement shall be deleted and replaced by the following Article: Article 27 EXCHANGE OF INFORMATION 1. The competent authorities of the Contracting States shall exchange such information (including documents or copies of documents certified by the tax authorities/the competent authority) 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 of this Article 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, administrative bodies, customs, law-enforcement and investigative authorities) 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 of this Article, 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 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. 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 Contracting 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 solely because the information is held by a bank, other financial institution, nominee or person acting in an agency or a fiduciary capacity or because it relates to ownership interests in a person. ARTICLE 2 1. The Contracting States shall notify each other, through diplomatic channels, that all legal requirements and procedures for giving effect to this Protocol have been satisfied. 2. This Protocol/shall enter into force on the date of the latter of these notifications referred to in paragraph 1 of this Article, shall remain in force as long as the Agreement remains in force and its provisions shall have effect forthwith. IN WITNESS WHEREOF , the undersigned, duly authorized thereto, have signed this Protocol. DONE in duplicate at Minsk on 3 June 2015 in Hindi, Belarusian, and English languages, all texts being equally authentic. In case of divergence between the texts the English text shall prevail. ] ************ NOTES:- 1 . Inserted vide Notification No. 2/2016 dated 13-01-2016 w.e.f. 19-11-2015