Article 3 - General definitions - Nepal (Old - Effective upto 31-3-2013)

Chapter II - Definitions ARTICLE 3 - General definitions - 1. In this Agreement, unless the context otherwise requires: (a) the terms a Contracting State and the other Contracting State mean India or Nepal, as the context requires ; (b) the term tax means Indian tax or Nepal tax, as the context requires, but shall not include any amount which is payable in respect of any default or omission in relation to the taxes to which this Agreement applies or which represents a penalty imposed relating to those taxes ; (c) the term person includes an individual, a company and any other entity which is treated as a taxable unit, under the taxation laws in force in the respective Contracting States ; (d) the term company means any body corporate or any entity which is treated as a company or body corporate under the taxation laws in force in the respective Contracting States ; (e) 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 ; (f) the term competent authority means in the case of India, the Central Government in the Ministry of Finance (Department of Revenue) or their authorised representative; and in the case of Nepal, His Majestys Government, Ministry of Finance or their authorised representative ; (g) the term national means any individual, possessing the nationality of a Contracting State and any legal person, partnership or association deriving its status from the laws in force in the Contracting State ; (h) the term international traffic means any transport by an aircraft operated by an enterprise of a Contracting State, except when the aircraft is operated solely between places in the other Contracting State. 2. As regards the application of the Agreement by a Contracting State, any term not defined therein shall, unless the context otherwise requires, have the meaning which it has under the law of that State concerning the taxes to which the Agreement applies.