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MINISTRY OF FINANCE
MINISTRY OF FINANCE
MINISTRY OF FINANCE
MINISTRY OF FINANCE
(Department Of Revenue)
(Department Of Revenue)
(Department Of Revenue)
(Department Of Revenue)
NOTIFICATION
NOTIFICATION
NOTIFICATION
NOTIFICATION
New Delhi, the 11th September, 2018
S.O. 4724 (E).—Whereas, the Protocol, amending the Convention between the Government of the
Republic of India and the Government of the Portuguese Republic for the avoidance of double taxation and
the prevention of fiscal evasion with respect to taxes on income which was signed at Lisbon on the
11th September, 1998, has been signed at Lisbon on 24th June, 2017, as set out in the annexure appended
to this notification and hereinafter referred to as the said amending Protocol;
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THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II—SEC. 3(ii)]
And whereas, the date of entry into force of the said amending Protocol is the 8th August, 2018
being the thirtieth day after the completion of the internal legal procedures for giving effect to the said
amending Protocol in accordance with Article III of the said amending Protocol;
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 the said
amending Protocol, shall have effect in the Union of India with effect from the 8th August, 2018, , , , being the
date on which the said amending Protocol entered into force.
[Notification No 43/F.No. 503/05/1991
503/05/1991
503/05/1991
503/05/1991-FTD
FTD
FTD
FTD-I]
PRAGYA S. SAKSENA, Jt. Secy.
ANNEXURE
ANNEXURE
ANNEXURE
ANNEXURE
PROTOCOL AMENDING THE CONVENTION BETWEEN THE GOVERNMENT OF THE
PROTOCOL AMENDING THE CONVENTION BETWEEN THE GOVERNMENT OF THE
PROTOCOL AMENDING THE CONVENTION BETWEEN THE GOVERNMENT OF THE
PROTOCOL AMENDING THE CONVENTION BETWEEN THE GOVERNMENT OF THE REPUBLIC OF
REPUBLIC OF
REPUBLIC OF
REPUBLIC OF
INDIA AND THE GOVERNEMNT OF THE PORTUGUESE REPUBLIC FOR THE AVOIDANCE OF DOUBLE
INDIA AND THE GOVERNEMNT OF THE PORTUGUESE REPUBLIC FOR THE AVOIDANCE OF DOUBLE
INDIA AND THE GOVERNEMNT OF THE PORTUGUESE REPUBLIC FOR THE AVOIDANCE OF DOUBLE
INDIA AND THE GOVERNEMNT OF THE PORTUGUESE REPUBLIC FOR THE AVOIDANCE OF DOUBLE
TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME
TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME
TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME
TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME
The Republic of India and the Portuguese Republic
Desiring to amend the Convention between the Government of the Republic of India and the Government of
the Portuguese Republic for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion
with respect to Taxes on Income, which was signed on the 11th September 1998 (hereinafter referred to as
“the Convention”),
Agree as follows:
ARTICLE I
ARTICLE I
ARTICLE I
ARTICLE I
The text of Article 26 of the Convention is deleted and replaced by the following:
“1.
The competent authorities of the Contracting States shall exchange such information (including
documents or certified copies of the documents) as is foreseeably relevant for carrying out the provisions of
this Convention 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 or administrative subdivisions
or local authorities, insofar as the taxation there under is not contrary to the Convention. The exchange of
information is not restricted by Articles 1 and 2.
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
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information only for such purposes. They may disclose the information in public court proceedings or in
judicial decisions. Notwithstanding the foregoing, information received by a Contracting State may be used for
other purposes when such information may be used for such other purposes under the laws of both States
and the competent authority of the supplying State authorises such use.
3.
In no case shall the provisions of paragraphs 1 and 2 be construed 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 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
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 domestic interest in such
information.
5.
In no case shall the provisions of paragraph 3 be construed to permit a Contracting State to decline to
supply information solely because the information is held by a bank, other financial institution, nominee or
person acting in an agency or a fiduciary capacity or because it relates to ownership interests in a person.”
ARTICLE II
ARTICLE II
ARTICLE II
ARTICLE II
The Contracting States agree to include the following paragraph in the Protocol to the Convention:
“ Ad article 26
The supplying and the receiving agencies shall be obliged to take effective measures to protect the personal
data supplied against unauthorized access, unauthorized alteration and unauthorized disclosure”
ARTICLE III
ARTICLE III
ARTICLE III
ARTICLE III
This protocol shall enter into force on the thirtieth day after the date on which diplomatic notes indicating the
completion of internal legal procedures necessary in each Contracting State for the entry into force of this
Protocol have been exchanged.
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THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II—SEC. 3(ii)]
ARTICLE IV
ARTICLE IV
ARTICLE IV
ARTICLE IV
This Protocol shall form an integral part of the Convention and shall remain in force as long as the Convention
remains in force.
IN WITNESS WHEREOF, the undersigned, duly authorised thereto, have signed this Protocol.
DONE in duplicate at Lisbon on this 24th day of June 2017, in the Hindi, Portuguese, and English languages,
each text being equally authentic. In the case of any divergence of interpretation or application of this
Protocol, the English text shall prevail.
For the Government of the
For the Government of the
Republic of India
Smt. K. Nandini Singla
Ambassador of Republic of India
in Portugal
Portuguese Republic
Mr. Francisco Duarte Lopes
Director-General of External Policy of the
Ministry of Foreign Affairs
Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064
and Published by the Controller of Publications, Delhi-110054. ALOK
KUMAR
Digitally signed
by ALOK KUMAR
Date: 2018.09.14
12:34:44 +05'30'
