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        Revised 40 tax treaties to use info for other purposes: Govt

        February 3, 2017

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        New Delhi, Feb 3 (PTI) India has revised 40 treaties for avoidance of double taxation so that the information exchanged with partner nations on tax matters can also be utilised for other purposes including criminal proceedings, Parliament was informed today.

        "Treaty partner countries have been requested to modify the tax treaties, so as to explicitly include provisions that will enable information exchanged for tax purposes to be utilised for other purposes, including criminal proceedings in non-tax matters," Minister of State for Finance Santosh Kumar Gangwar said in a written reply to Rajya Sabha.

        "40 treaties for avoidance of double taxation have been revised accordingly," he said.

        In addition, Gangwar said, India has signed "the Multilateral Convention on Mutual Administrative Assistance in Tax Matters, which also similarly facilitates exchange of information".

        These developments enable use of such information by non-tax agencies, subject to agreement by the Competent Authorities of the Requested Contracting State, he said.

        Replying to a separate question, Gangwar said the Enforcement Directorate has provisionally attached assets of worth ₹ 9,298 crore in 2016.

        The minister said that as per estimate over 2,000 tonnes of gold is held by household, trusts and various institutions in India.

        Information exchange in tax treaties now usable for non tax prosecutions, subject to competent authority agreement and safeguards. Treaties for avoidance of double taxation have been revised to permit information exchanged for tax purposes to be utilised for other purposes, including criminal proceedings in non-tax matters, subject to agreement by the Competent Authorities of the requested contracting state; India has also signed the Multilateral Convention on Mutual Administrative Assistance in Tax Matters to facilitate similar exchange under agreed safeguards.
                          Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                            Provisions expressly mentioned in the judgment/order text.

                                Information exchange in tax treaties now usable for non tax prosecutions, subject to competent authority agreement and safeguards.

                                Treaties for avoidance of double taxation have been revised to permit information exchanged for tax purposes to be utilised for other purposes, including criminal proceedings in non-tax matters, subject to agreement by the Competent Authorities of the requested contracting state; India has also signed the Multilateral Convention on Mutual Administrative Assistance in Tax Matters to facilitate similar exchange under agreed safeguards.





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