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TMI BlogModified Agreement for Avoidance of Double Taxation between India and JapanX X X X Extracts X X X X X X X X Extracts X X X X ..... section 90 of the Income-tax Act, 1961 (43 of 1961), and section 24A of the Companies (Profits) Surtax Act, 1964 (7 of 1964), the Central Government hereby directs that all the provisions of the said Agreement shall be given effect to in the Union of India. ANNEXURE New Delhi, 30th November, 1974. Excellency, I have the honour to refer to article XII of the Agreement between India and Japan for the Avoidance of Double Taxation in respect of Taxes on Income signed at New Delhi on January 5, 1960 (hereinafter referred to as " the Agreement "), and to Article VIII, paragraph 3 of the Protocol Modifying and Supplementing the Agreement signed at New Delhi on April 8, 1969 (hereinafter referred to as " the Protocol "), and to confirm, on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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. 2. With reference to Article VIII, paragraph 3 of the Protocol: The provisions of paragraph 1 of Article IV of the Protocol shall continue to be applicable: (i) on the part of India, in respect of the assessment year commencing on the 1st day of April, 1972, and the subsequent four assessment years; and (ii) on the part of Japan, in respect of any taxable year beginning between the 1st day of January, 1971, and the 31st day of December, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nge such information including documents (hereinafter referred to as " information ") as is necessary for carrying out the provisions of the Agreement, including information for the prevention or detection of evasion or avoidance of the taxes which are the subject of the Agreement. Any information so exchanged shall be treated as secret but may be disclosed to persons (including a court or administrative body) concerned with the assessment, collection, enforcement or prosecution in respect of the taxes which are the subject of the Agreement or to persons with respect to whom the information relates. (2) The exchange of information shall be either on a routine basis or on request with reference to particular cases. The competent authorities ..... X X X X Extracts X X X X X X X X Extracts X X X X
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