Competent authority discretion on deemed Indian tax payment where anti abuse and fraud concerns justify non deeming, with notified entry into force. The Protocol directs that New Zealand's competent authority may, after consulting India's competent authority, decline to treat certain India source income as having borne Indian tax under paragraph 3 of Article 23 where deeming would be inappropriate, considering arrangements to exploit the rule, benefits to non residents, prevention of fraud or tax avoidance, and other relevant matters including submissions from the concerned New Zealand resident. The Protocol enters into force upon reciprocal notification that domestic entry into force requirements are met and applies to income from the first day of the month following its entry into force.