TaxTMI 
TaxTMI 
Protocol
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....hether the other business activities carried on are of the similar kind as those effected through the permanent establishment, the competent authorities may consult each other with a view to resolving the case by mutual agreement. 4. In respect of paragraph 3 of Article 7 (Business Profits), it is understood that in case of any substantial changes in the provisions of the taxation laws of a Contracting State relating to limitation on the deductibility of the expenses which are incurred for the purposes of the business of a permanent establishment, the competent authorities of the Contracting States shall consult each other on the necessity of modifying the provisions of this paragraph. 5. In respect of Article 8 (Air Transport) and Article 9 (Shipping), it is understood that interest on funds connected with the operation of aircraft or ships in international traffic shall be regarded as profits derived from the operation of such aircraft or ships, as the case may be, and the provisions of Article 12 (Interest) shall not apply in relation to such interest. 6. Paragraph 2 of Article 11 (Dividends), shall not be applicable, in the case of Spain, to the income attributable, wh....
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....India to a resident of Spain, shall not be allowed as a deduction for the purpose of determining the taxable profits of such enterprise unless tax has been paid or deducted at source from such payments under Indian law and in accordance with the provisions of this Convention. 10. For the purposes of this Convention, it is understood that the term "taxable year" in the case of India shall mean the "previous year" as defined in the Income-tax Act, 1961. ^1[11. It is understood that Article 28 (exchange of information) allows that Contracting States may use other techniques to obtain information which may be relevant to both Contracting States such as simultaneous examination, tax examination abroad and industry-wide exchange of information (i) in accordance with the domestic laws and administrative procedures of each Contracting State and; (ii) provided that a procedure has been agreed upon by the competent authorities of both Contracting States in accordance with paragraph 3 of Article 27 of the Convention.] ^2[12. With respect to Article 28A It is understood that paragraph 4 of Article 28A (Assistance in the collection of taxes) will include interim me....
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.... SIGNED AT NEW DELHI ON 8TH FEBRUARY, 1993. The Republic of India and The Kingdom of Spain; Desiring to conclude a Protocol (hereinafter referred to as "Amending Protocol") to amend the Convention and Protocol between the Republic of lndia and the Kingdom of Spain for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on lncome and on Capital, which was signed at New Delhi on 8^th February, 1993 and which entered into force on 12th January, 1995 (hereinafter referred to as "the Convention"); Have agreed as follows: Article 1 Paragraph 3(a) of Article 2 (Taxes Covered) shall be deleted and replaced by the following: "(a) in Spain : 1. the income tax on individuals; 2. the corporation tax; 3. the income tax on non residents; and 4. the capital tax; (hereinafter referred to as "Spanish tax")." Article 2 The paragraph of Article 10 (Associated Enterprises) shall be numbered as paragraph 1 and after this paragraph; the following paragraph shall be inserted: "2. Where a Contracting State includes in the profits of an enterprise of that State - and tax....
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....rued so as to impose on a Contracting State the obligation: a) to carry out administrative measures at variance with the laws and administrative practice of that or of the other Contracting State; b) to supply information (including documents or certified copies of the documents) 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 (ordre public). 4. If information is requested by a Contracting State in accordance with this Article, the other Contracting State shall use its information gathering measures to obtain the requested information, even though that other Contracting State may not need such information for its own tax purposes. The obligation contained in the preceding sentence is subject to the limitations of paragraph 3 but in no case shall such limitations be construed to permit a Contracting State to decline to supply information solely because it has no domes....
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....ordance with the provisions of its laws as if the revenue claim were a revenue claim of that other State even if, at the time when such measures are applied, the revenue claim is not enforceable in the first- mentioned State or is owed by a person who has a right to prevent its collection. 5. Notwithstanding the provisions of paragraphs 3 and 4, a revenue claim accepted by a Contracting State for purposes of paragraph 3 or 4 shall not, in that State, be subject to the time limits applicable to a revenue claim under the laws of that State by reason of its nature as such. In addition, a revenue claim accepted by a Contracting State for the purposes of paragraph 3 or 4 shall not, in that State, have any priority applicable to that revenue claim under the laws of the other Contracting State. 6. Proceedings with respect to the existence, validity or the amount of a revenue claim of a Contracting State shall not be brought before the courts or administrative bodies of the other Contracting State. 7. Where, at any time after a request has been made by a Contracting State under paragraph 3 or 4 and before the other Contracting State has collected and remitted the....
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....n undertaken by such a resident, if the main purpose or one of the main purposes of the creation, existence, incorporation, registration or presence of such a resident or of the transaction undertaken by him, was to obtain benefits under this Convention that would not otherwise be available." Article 6 After Paragraph 10 of the Protocol, a new paragraph shall be inserted as follows: "11. It is understood that Article 28 (exchange of information) allows that Contracting States may use other techniques to obtain information which may be relevant to both Contracting States such as simultaneous examination, tax examination abroad and industry-wide exchange of information (i) in accordance with the domestic laws and administrative procedures of each Contracting State and; (ii) provided that a procedure has been agreed upon by the competent authorities of both Contracting States in accordance with paragraph 3 of Article 27 of the Convention." Article 7 After paragraph 11 of the Protocol, a new paragraph shall be inserted as follows: "12. With respect to Article 28A It is understood that paragraph 4 of Article 28A (Assistance in the....