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MINISTRY OF FINANCE
(Department of Revenue)
NOTIFICATION
New Delhi, the 2nd November, 2017
S.O. 3512(E).—Whereas, the Third Protocol to the Convention between the Government of the Republic
of India and the Government of New Zealand for the avoidance of double taxation and the prevention of fiscal
evasion with respect to taxes on income (hereinafter referred to as the said Protocol) as set out in the Annexure to
this notification, was signed at New Delhi on the 26th day of October, 2016 ;
And whereas , the said Protocol entered into force on the 7th September, 2017 being the date of the later of
the notifications of the completion of the procedures required by the respective laws for bringing into force the said
Protocol, in accordance with Article 3 of the said 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 said Protocol, as annexed
hereto, shall be given effect to in the Union of India.
ANNEXURE
THIRD PROTOCOL TO THE CONVENTION
BETWEEN THE GOVERNMENT OF THE REPUBLIC OF INDIA
AND
THE GOVERNMENT OF NEW ZEALAND
FOR
THE AVOIDANCE OF DOUBLE TAXATION AND
THE PREVENTION OF FISCAL EVASION WITH RESPECT
TO TAXES ON INCOME
The Government of the Republic of India and the Government of New Zealand;
Having regard to the Convention between the Government of Republic of India and the Government of New Zealand
for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income done at
Auckland on 17th day of October, 1986 (hereinafter referred to as “the Convention”), have agreed as follows:
Article 1
Article 26 of the Convention shall be deleted and replaced by the following:
“ARTICLE 26
EXCHANGE OF INFORMATION
- The competent authorities of the Contracting States shall exchange such information (including 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 subdivisions or local authorities, insofar as the taxation thereunder is not contrary to the Convention. The
exchange of information is not restricted by Articles 1 and 2.
- Any information received 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, or
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 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.
- 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;
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THE GAZETTE OF INDIA : EXTRAORDINARY
[PART II—SEC. 3(ii)]
- b) to supply information (including 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).
- 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.
- 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 2
The Convention is amended by adding after Article 26 the following new Article:
“Article 26A
ASSISTANCE IN THE COLLECTION OF TAXES
- The Contracting States shall lend assistance to each other in the collection of revenue claims. This assistance is not
restricted by Articles 1 and 2. The competent authorities of the Contracting States may by mutual agreement settle the
mode of application of this Article.
- The term "revenue claim" as used in this Article means an amount owed in respect of 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 this Convention or any other instrument to which the Contracting States are
parties, as well as interest, administrative penalties and costs of collection or conservancy related to such amount.
- When a revenue claim of a Contracting State is enforceable under the laws of that State and is owed by a person
who, at that time, cannot, under the laws of that State, prevent its collection, that revenue claim shall, at the request of the
competent authority of that State, be accepted for purposes of collection by the competent authority of the other
Contracting State. That revenue claim shall be collected by that other State in accordance with the provisions of its laws
applicable to the enforcement and collection of its own taxes as if the revenue claim were a revenue claim of that other
State.
- When a revenue claim of a Contracting State is a claim in respect of which that State may, under its law, take
measures of conservancy with a view to ensure its collection, that revenue claim shall, at the request of the competent
authority of that State, be accepted for purposes of taking measures of conservancy by the competent authority of the
other Contracting State. That other State shall take measures of conservancy in respect of that revenue claim in
accordance 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.
- 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 or accorded any priority 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.
- Proceedings with respect to the existence, validity or the amount of a revenue claim of a Contracting State shall only
be brought before the courts or administrative bodies of that State. Nothing in this Article shall be construed as creating
or providing any right to such proceedings before any court or administrative body of the other Contracting State.
- 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 relevant revenue claim to the first-mentioned State, the relevant revenue
claim ceases to be
- a)
in the case of a request under paragraph 3, a revenue claim of the first-mentioned State that is
enforceable under the laws of that State and is owed by a person who, at that time, cannot, under the
laws of that State, prevent its collection, or
- b)
in the case of a request under paragraph 4, a revenue claim of the first-mentioned State in respect of
which that State may, under its laws, take measures of conservancy with a view to ensure its collection
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the competent authority of the first-mentioned State shall promptly notify the competent authority of the other State of
that fact and, at the option of the other State, the first-mentioned State shall either suspend or withdraw its request.
8. In no case shall the provisions of this Article 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 carry out measures which would be contrary to public policy (ordre public);
- c)
to provide assistance if the other Contracting State has not pursued all reasonable measures of
collection or conservancy, as the case may be, available under its laws or administrative practice;
- d)
to provide assistance in those cases where the administrative burden for that State is clearly
disproportionate to the benefit to be derived by the other Contracting State.”
Article 3
Each of the Contracting States shall notify to the other the completion of its procedures required by its laws for
bringing into force of this Protocol. This Protocol shall enter into force on the date of the later of these notifications.
Article 4
The Protocol, which shall form an integral part of the Convention, shall remain in force as long as the Convention
remains in force and shall apply as long as the Convention itself is applicable.
IN WITNESS whereof the undersigned duly authorized by their respective Governments have signed this Protocol.
DONE in duplicate at New Delhi, this 26th day of October, 2016, in the Hindi and English languages, both texts being
equally authentic. In case of divergence between the two texts, the English text shall prevail.
FOR THE GOVERNMENT OF
REPUBLIC OF INDIA
FOR THE GOVERNMENT OF
NEW ZEALAND
Preeti Saran Andrea Smith
[Secretary (East), [Deputy Secretary,
Ministry of External Affairs] Ministry of Foreign Affairs and Trade]
[ Notification No. 93/2017/F. No. 501/1/83-FTD.II]
RAJAT BANSAL, Jt. Secy.
