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TMI BlogProtocolX X X X Extracts X X X X X X X X Extracts X X X X ..... nges in the domestic law of a contracting State further restrict the deduction of such expenses in any manner, then the two contracting States shall consult each other for purposes of amending this paragraph. 1[****] IN WITNESS WHEREOF the undersigned, duly authorised hereto, have signed this Protocol. DONE at New Delhi on 29th January, 1996, in two original copies, each in the Hindi, Hebrew and English languages, all the texts being equally authentic. In the case of any divergence in interpretation, the English text shall prevail. 2[Whereas, a Protocol amending the Convention and the Protocol between the Republic of India and the State of Israel for the avoidance of double taxation and for the prevention of fiscal evasion with respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ANUARY, 1996 The Government of the Republic of India and the Government of the State of Israel, Desiring to amend the Convention and the Protocol between the Government of the Republic of India and the Government of the State of Israel for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital signed at New Delhi on the 29th day of January 1996 (in this Amending Protocol referred to as "the Convention" and "the Protocol"), Have agreed as follows: Article 1 The Convention is amended by omitting Paragraph 4 of Article 14(Capital Gains) and substituting: "4. Gains derived by a resident of a Contrcting State from the alienation of: a) shares, deriving more than 50 per cent o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... llection of, the enforcement or prosecution in respect of, the determination of appeals in relation to the taxes of every kind and description, 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 States and the competent authority of the supplying State authorizes such use. 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 ou ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 1. Benefits of this Convention shall not be available to a resident of a Contracting State, or with respect to any transaction undertaken by such resident, if the main purpose or one of the main purposes of the creation or existence of such resident or of the transaction undertaken by it, was to obtain benefits under this Convention that would not otherwise be available. 2. The Convention shall not prevent a Contracting State from applying its domestic law on prevention of tax evasion or tax avoidance. 3. Any benefit under this Convention shall not be granted to a person who is not the beneficial owner of the item of income." Article 5 Paragraphs 2 and 3 of the Protocol are omitted. Article 6 ENTRY INTO FORCE The Contracting States ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pectively) after a period of five years from the date of entry into force of this Convention. However, if under any Convention or Agreement between India and any third State which enters into force after 1-1-1995, India limits its taxation at source or Royalties or Fees for Technical Services or Interest or Dividends to a rate lower or a scope more restricted than the rate or scope provided for in this Convention, the same rate or scope as provided for in that Convention or Agreement on the said items of income shall also apply under this Convention with effect from the date on which the present Convention comes into force or the relevant Indian Convention or Agreement, whichever enters into force later. 3. In respect of paragraph 2 of Art ..... X X X X Extracts X X X X X X X X Extracts X X X X
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