TaxTMI 
TaxTMI 
Protocol
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....y authorised thereto, have signed this Protocol. Done in two originals at New Delhi on this Wednesday, 29th day of April, One Thousand Nine Hundred and Ninety-two corresponding to the 27th day of Shawwal 1412 H in the Hindi, Arabic and English languages, all texts being equally authentic. In case of divergence amongst the texts, the English text shall be the operative one. ^1[Whereas the annexed Protocol amending the Agreement between the Government of the United Arab Emirates and the Government of the Republic of India for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income which was published in the Gazette of India, Extraordinary, Part II, Section 3, Sub-section (i) vide number G.S.R 710(E), dated the 18th November, 1993 shall enter into force on the 3rd day of October, 2007, being the date of receipt of the later of the notifications after completion of the procedures as required by the respective laws for the entry into force of this Protocol, in accordance with Article 8 of the said Protocol. Now, therefore, in exercise of the powers conferred by section 90 of the Income-tax Act, 1961 (43 of 1961), the Central Go....
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....c) Government institutions shall be deemed, according to affiliation, to be resident of the Republic of India or the United Arab Emirates. Any institution shall be deemed to be a government institution which has been created by the government of one of the Contracting States or of its political subdivisions or local authority/governments, which are wholly owned and controlled directly or indirectly by the government of the Contracting State or political subdivision or local authority/ governments which are recognized as such by mutual agreement of the competent authorities of the Contracting States. (d) For the purposes of this Article, Abu Dhabi Investment Authority is recognized as a resident of the United Arab Emirates." Paragraphs 2 and 3 shall be renumbered as 3 and 4 respectively. ARTICLE 2 Paragraph 3 of Article 7 (Business profits) shall be replaced by the following: "3. In determining the profits of a permanent establishment, there shall be allowed as deductions expenses which are incurred for the purposes of the business of the permanent establishment, including executive and general administrative expenses so incurred, whether in the State in w....
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.... mentioned Contracting State, nor as being in conflict with the provisions of paragraph 3 of Article 7." ARTICLE 7 An Article on 'Limitation of Benefits' (Article 29) shall be included in the Agreement, as under: "An entity which is a resident of a Contracting State shall not be entitled to the benefits of this Agreement if the main purpose or one of the main purposes of the creation of such entity was to obtain the benefits of this Agreement that would not be otherwise available. The cases of legal entities not having bonafide business activities shall be covered by this Article." Articles 29, 30 and 31 shall be renumbered as Articles 30, 31 and 32 respectively. ARTICLE 8 This Protocol shall form an integral part of the Agreement. Each of the Contracting States shall notify to the other the completion of the proceedings required by its law for the bringing into force of this Protocol. The Protocol shall enter into force on the date of the later of these notifications and shall thereupon have effect:- (a) in the United Arab Emirates: in respect of income derived on or after the 1st January next following the calendar year in which t....
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.... as "the Agreement"), ARTICLE 1 PERSONAL SCOPE The Agreement is amended by omitting Article 28 and substituting: "ARTICLE 28 EXCHANGE OF INFORMATION 1. The competent authorities of the Contracting States shall exchange such information as is foreseeably relevant for carrying out the provisions of this Agreement or to the administration or enforcement of the domestic laws concerning taxes of every kind and description imposed on behalf of the Contracting States, or of their political subdivisions or local authorities, insofar as the taxation thereunder is not contrary to the Agreement. 2. Any information received under paragraph 1 by a Contracting State shall be treated as secret in the same manner as information obtained under the domestic laws of that State and shall be disclosed only to persons or authorities (including courts and administrative bodies) concerned with the assessment or collection of, the enforcement or prosecution in respect of, the determination of appeals in relation to the taxes referred to in paragraph 1, or the oversight of the above. Such persons or authorities shall use the information only for such purposes. They may disclose the info....