Article 29 - Termination - New Zealand

ARTICLE 29 TERMINATION This Convention shall remain in force until terminated by one of the Contracting States. Either Contracting State may terminate the Convention by giving notice of termination, through diplomatic channels, at least six months before the end of any calendar year beginning after the expiration of five years from the date of entry into force of the Convention. In such event, the Convention shall cease to have effect (a) in New Zealand : for any income year beginning on or after 1 April in the calendar year next following that on which the notice of termination is given; (b) in India : for any previous year (as defined in the Income-tax Act, 1961) beginning on or after 1 April in the calendar year next following the date on which the notice of termination is given. IN WITNESS WHEREOF the undersigned, duly authorised thereto, have signed the present Convention. DONE in duplicate at Auckland this 17th day of October, 1986 in the Hindi and English languages, both the texts being equally authentic. In case of divergence between the two texts, the English text shall be the operative one. Notification 2 WHEREAS the annexed Protocol to the Convention between the Government of the Republic of India and the Government of New Zealand for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income has come into force on 9th January, 1997, on the notification by both the Contracting States to each other of the compliance with the domestic requirements as required by Article 2 of the said Protocol : NOW, THEREFORE, in exercise of the powers conferred under section 90 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby directs that all the provisions of the said Protocol shall be given effect to in the Union of India. Annexure Protocol to the Convention between the Government of the Republic of India and the Government of New Zealand for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to taxes on income The Government of the Republic of India and the Government of New Zealand , Having regard to the Convention between the Government of the Republic of India and the Government of New Zealand for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income done at Auckland on 17th October, 1986 (hereinafter referred to as the Convention). Have agreed that the following provisions shall form an integral part of the Convention : ARTICLE 1 Notwithstanding paragraph 3 of Article 23 of the Convention, a New Zealand resident deriving income from India, being income referred to in that paragraph, shall not be deemed to have paid Indian tax in respect of such income where the competent authority of New Zealand considers, after consultation with the competent authority of India, that it is inappropriate to do so having regard to : (a) whether any arrangements have been entered into by any person for the purpose of taking advantage of paragraph 3 of Article 23 for the benefit of that person or any other person; (b) whether any benefit accrues or may accrue to a person who is neither a New Zealand resident nor an Indian resident; (c) the prevention of fraud or the avoidance of the taxes to which the Convention applies; (d) any other matter which either competent authority considers relevant in the particular circumstances of the case, including any submissions from the New Zealand resident concerned. ARTICLE 2 1. The Contracting States shall notify each other that the domestic requirements for the entry into force of this Protocol have been complied with. 2. This Protocol shall enter into force on the date of the later of the notifications referred to in paragraph (1) of this article. ARTICLE 3 Article 1 of this Protocol shall apply to income derived on or after the 1st day of the month following the date on which this Protocol enters into force. DONE at New Delhi in duplicate this the Twenty-ninth day of August, One Thousand Nine Hundred Ninety-six in the Hindi and the English languages, both texts being equally authentic. In case of divergence between the two texts, the English text shall be the operative one. Notification : No. SO 166(E), dated 5-3-1997 .