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Important Procedures : Double Taxation Avoidance Agreement

 

 

The Central Government, under Section 90 of the Income Tax Act, has entered into double tax avoidance agreements (hereinafter refered to as Tax Treaties ) with other countries. These Tax Treaties serve the purpose of providing protection to tax-payers against double taxation and thus preventing any discouragement which the double taxation may otherwise promote in the free flow of international trade, international investment and international transfer of technology. These treaties aim at preventing discrimination between the tax-payers in the international field and providing a reasonable element of legal and fiscal certainity within a legal framework. In addition, such treaties contain provisions for mutual exchange of information and for reducing litigation by providing for mutual assistance procedure.

The Central government has so far entered into agreements with the following countries and which have become operative with effect from the assessment years mentioned against them:-

INDIA'S COMPREHENSIVE DOUBLE TAXATION AVIODANCE AGREEMENTS

(NOTIFIED SO FAR IN THE GAZETTE OF INDIA)

[AS ON 27TH JANUARY, 1999]

NAME OF THE COUNTRY

EFFECTIVE FROM THE ASST. YEAR

AFGHANISTAN 1975-76
AUSTRALIA 1993-94

AUSTRIA

1963-64

BANGLADESH

1993-94

BELARUS

1999-2000

BELGIUM (R)

1999-2000

BRAZIL

1994-95

BULGARIA

1997-98

CANADA (R)

1999-2000

CHINA

1996-97

CYPRUS

1994-95

CZECH REPUBLIC

1986-87

DENMARK (R)

1990-91/1991-92

F.R.G. (R)

1998-90

FINLAND (O)

1961-62

FRANCE (O)

1970-71/1971-72

FRANCE (R)

1996-97

GREECE

1964-65

HUNGARY

1989-90

INDONESIA

1989-90

IRAN

1974 - 1975

ISRAEL

1995-96

ITALY (R)

1997-98

JAPAN (R)

1991-92

KAZAKHSTAN

1999-2000

KENYA

1985-86

LEBANON

1970 - 1971

LIBYA

1983-84/1984-85

MALAYSIA

1973-74

MALTA

1997-98

MAURITIUS

1983-84

MONGOLIA

1995-96

NAMIBIA

2001-2002

NEPAL

1990-91

NETHERLANDS

1990-91

NEW ZEALAND (A.P)

1998-99/1999-2000

NORWAY (R)

1988-89

OMAN

1999-2000

PHILLIPPINES

1996-97

POLAND (R)

1991-92

ROMANIA

1989-90

RUSSIAN FEDERATION

2000-2001

SINGAPORE (O)

1979-80

SINGAPORE (R)

1995-96

SOUTH AFRICA

1999-2000

SPAIN

1997-98

SRI LANKA (R)

1981-82

SWEDEN (NEW)

1999-2000

SWISS CONFEDERATION

1996-97

SYRIA

1983-84/1976-77 [AIR]

TANZANIA

1982-83/1983-84

THAILAND

1987-88/1988-89

TURKEY

1995-96

TURKMENISTAN

1999-2000

U.A.E.

1995-96

U.A.R.

1969-70/1970-71

1961-62/1962-63 [AIR]

U.K. (R)

1995-96

U.S.A.

1992-93

U.S.S.R. **

1991-92

UNITED KINGDOM (O)

1983-84

UZBEKISTAN

1994-95

VIETNAM

1997-98

YEMEN ARAB REPUBLIC

 

ZAMBIA

1979-80

Abbreviations

(O) : Old Agreements

(R) : Revised Agreements

(SP) : Supplementary Protocol

(P) : Protocol

(EoN) : Exchange of Notes

Note: * In respect of South Korea, the Agreement has been initialled at the delegation level on 8-9-1983

** The Agreement with U.S.S.R. was extended by a notification to the Russian Federation until the new Agreement comes into force.

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