TaxTMI 
TaxTMI 
India- Saint Vincent and the Grenadines DTAA - Agreement for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income
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....Article 12 of the said Agreement also provides that the Agreement shall have effect forthwith after the date of entry into force; Now, therefore, in exercise of the powers conferred by sub-section (1) of section 90 of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby notifies that all the provisions of said Agreement, as annexed hereto, shall be given effect to in the Union of India. ANNEXURE AGREEMENT BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDIA AND SAINT VINCENT AND THE GRENADINES FOR THE EXCHANGE OF INFORMATION AND ASSISTANCE IN COLLECTION WITH RESPECT TO TAXES The Government of the Republic of India and the Government of Saint Vincent and the Grenadines, desiring to facilitate the exchange of information and assistance in collection with respect to taxes have agreed as follows: Article 1 Object and Scope of the Agreement The competent authorities of the Contracting Parties shall provide assistance through exchange of information that is foreseeably relevant to the administration and enforcement of the domestic laws of the Contracting Parties concerning taxes covered by this Agreemen....
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....ia has sovereign rights, other rights and jurisdiction, according to the Indian law and in accordance with international law, including the U.N. Convention on the Law of the Sea; b) the term Saint Vincent and the Grenadines, means mainland Saint Vincent and the thirty two islands and cays which comprise the Grenadines; c) the term "Contracting Party" means India or Saint Vincent and the Grenadines, as the context requires; d) the term "competent authority" means (i) in the case of India, the Finance Minister, Government of India, or its authorized representative; (ii) in the case of Saint Vincent and the Grenadines, the Minister of Finance, or his duly authorised representative; e) the term "person" includes an individual, a company, a body of persons and any other entity which is treated as a taxable unit under the taxation laws in force in the respective Contracting Parties; f) the term "company" means anybody corporate or any entity that is treated as a body corporate for tax purposes; g) the term "publicly traded company" means any company whose principal class of shares is listed on a&n....
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....mation; p) the term "assistance in collection measures" means laws and administrative or judicial procedures that enable a Contracting Party to collect and remit the requested tax claim; q) the term "information" means any fact, statement, document or record in whatever form; 2. As regards the application of this Agreement at any time by a Contracting Party, any term not defined therein shall, unless the context otherwise requires or the competent authorities agree to a common meaning pursuant to the provisions of Article 10 of this Agreement, have the meaning that it has at that time under the law of that Party, any meaning under the applicable tax laws of that Party prevailing over a meaning given to the term under other laws of that Party. Article 5 Exchange of Information Upon Request 1. The competent authority of the requested Party shall provide upon request information for the purposes referred to in Article 1. Such information shall be exchanged without regard to whether the requested Party needs such information for its own tax purposes or whether the conduct being investigated would constitute a crime under ....
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....eable relevance of the information to the request: (a) the identity of the person under examination or investigation; (b) the period for which information is requested; (c) the nature of the information requested and the form in which the requesting Party would prefer to receive it ; (d) the tax purpose for which the information is sought; (e) grounds for believing that the information requested is present in the requested Party or is in the possession or control of a person within the jurisdiction of the requested Party; (f) to the extent known, the name and address of any person believed to be in possession or control of the requested information; (g) a statement that the request is in conformity with the laws and administrative practices of the requesting Party, that if the requested information was within the jurisdiction of the requesting Party then the competent authority of the requesting Party would be able to obtain the information under the laws of the requesting Party or in the normal course of administrative practice and that it is in conformity with this Agreement; (h)....
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....he examination. All decisions with respect to the conduct of the tax examination shall be made by the Party conducting the examination. Article 7 Possibility of Declining a Request for information 1. The competent authority of the requested Party may decline to assist: (a) where the request is not made in conformity with this Agreement; or (b) where the requesting Party has not pursued all means available in its own territory to obtain the information, except where recourse to such means would give rise to disproportionate difficulty; or (c) where disclosure of the information would be contrary to public policy (ordre public) of the requested Party. 2. This Agreement shall not impose on a Contracting Party the obligation: (i) to supply information which would disclose any trade, business, industrial, commercial or professional secret or trade process, provided that information described in paragraph 4 of Article 5 shall not be treated as such a secret or trade process merely because it meets the criteria in that paragraph; or (ii) to obtain or provide information, which would reveal confidential communicat....
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....cy with a view to ensure its collection, that tax claim shall, at the request of the competent authority of that Party, be accepted for purposes of taking measures of conservancy by the competent authority of the other Contracting Party. That other Party shall take measure of conservancy in respect of that tax claim in accordance with the provisions of its laws as if the tax claim were a tax claim of that other Party even if, at the time when such measures are applied, the tax claim is not enforceable in the first-mentioned Party or is owed by a person who has a right to prevent its collection. 5. When a Contracting Party may, under its law, take interim measures of conservancy by freezing of assets before a tax claim is raised against a person, the competent authority of the other Contracting Party, if requested by the competent authority of the first mentioned party, shall take measures for freezing the assets of that person in that Contracting Party in accordance with the provisions of its law. 6. Notwithstanding the provisions of paragraph 3 and 4, a tax claim accepted by a Contracting Party for purposes of paragraph 3 or 4 sha....
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....he administrative burden for that State is clearly disproportionate to be benefit to be derived by the other Contracting Party. Article 9 Confidentiality Any information received by a Contracting Party under this Agreement shall be treated as confidential and may be disclosed only to persons or authorities (including courts and administrative bodies) in the jurisdiction of the Contracting Party concerned with the assessment or collection of, the enforcement or prosecution in respect of, or the determination of appeals in relation to, the taxes covered by this Agreement. Such persons or authorities shall use such information only for such purposes. They may disclose the information in public court proceedings or in judicial decisions. The information may not be disclosed to any other person or entity or authority or any other jurisdiction without the express written consent of the competent authority of the Requested Party. Article 10 Implementation Legislation The Contracting Parties shall enact any legislation necessary to comply with, and give effect to, the terms of the Agreement, where no such legislation already ex....