Article 3 - General Definitions - Serbia

ARTICLE 3 GENERAL DEFINITIONS 1. For the purposes of this Convention: 1) the terms ''a Contracting State'' and ''the other Contracting State'' mean Serbia and Montenegro or India, as the context requires; 2) the term ''Serbia and Montenegro'' means the state community Serbia and Montenegro and when used in a geographical sense it means the land territory of Serbia and Montenegro, its internal sea waters and the belt of the territorial sea, the air space thereover, as well as the seabed and subsoil of the part of the continental shelf outside the outer limit of the territorial sea over which Serbia and Montenegro exercises its sovereign rights for the purpose of exploration and exploitation of their natural resources in accordance with its internal legislation and international law; 3) the term ''India'' means the territory of India and includes the territorial sea and airspace above it, as well as any other maritime zone in which India has sovereign rights, other rights and jurisdiction, according to the Indian law and in accordance with international law, including the U.N. Convention on the Law of the Sea; 4) the term political subdivisions , in the state community Serbia and Montenegro, means Member States; 5) the term ''national'' means: - any individual possessing the nationality of a Contracting State; - any legal person, partnership or association deriving its status as such from the laws in force in a Contracting State. 6) the term ''person'' includes an individual, a company, a body of persons and, in the case of India, any other entity which is treated as a taxable unit under the taxation laws in force in that country; 7) the term ''company'' means anybody corporate or any entity which is treated as a body corporate for tax purposes; 8) the terms ''enterprise of a Contracting State'' and ''enterprise of the other Contracting State'' mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State; 9) the term ''international traffic'' means any transport by a ship or aircraft operated by an enterprise of a Contracting State, except when the ship or aircraft is operated solely between places in the other Contracting State; 10) the term fiscal year means: - in the case of Serbia and Montenegro, the year beginning on the first day of January; - in the case of India, the year beginning on the first day of April. 11) the term ''competent authority'' means: - in the case of Serbia and Montenegro, the Ministry for International Economic Relations or its authorized representative; - in the case of India, the Central Government in the Ministry of Finance (Department of Revenue) or their authorized representatives. 2. As regards the application of the Convention at any time by a Contracting State, any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that State for the purposes of the taxes to which the Convention applies, any meaning under the applicable tax laws of that State prevailing over a meaning given to the term under other laws of that State.