Modified Agreement for Avoidance of Double Taxation between India and Japan

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....erefore, in exercise of the powers conferred by 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.                                                                          &nb....

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....;                                                                                       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 (her....

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....ne of the Contracting States the obligation: (a) to carry out administrative measures at variance with the laws or the administrative practice of that or of the other Contracting State; (b) to supply information which is not obtainable under the 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, i....

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....m, on behalf of the Government of India, the following understandings reached between the representatives of the two Governments: 1. In implementing the provisions of Article XII of the Agreement, it is understood that: (1) The competent authorities of the Contracting States shall exchange 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, ....