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Note: This Treaty may be impacted by the Multilateral Convention to Implement Tax Treaty Related Measures to Prevent BEPS (MLI). MLI impact on Tax Treaties is available with the Orbitax International Tax Research & Compliance Expert.

PROTOCOL

At the time of signing the Agreement for the Avoidance of Double Taxation and the Prevention of Fiscal Evasion with respect to Taxes on income, this day concluded between the Government of India and the Government of the Czechoslovak Socialist Republic, the undersigned Plenipotentiaries have agreed that the following provisions shall form an integral part of the Agreement.

(I) Article 5 (Permanent Establishment):

  • (i) The term "assembly project" as used in clause (g) of paragraph (2) includes installation of equipment.
  • (ii) The provisions of clauses (a) and (b) of paragraph (3) shall apply mutatis mutandis, to a case where the use of facilities or maintenance of stock of goods or merchandise is, in addition to storage or display, for the purpose of delivery of spare parts, and component by way of replacement, during the period of the respective contract, from stock of goods stored in the Contracting State.

(II) Article 8 (Air Transport):

Notwithstanding anything contained in Article 28, the provisions of Article 8 relating to Air Transport shall be applicable from 1st January, 1961 and the tax paid, if any, will be refunded on application being made within twelve months of the entry into force of the Agreement.

FOR THE GOVERNMENT OF INDIA:

VISHWANATH PRATAP SINGH

FINANCE MINISTER

FOR THE GOVERNMENT OF THE CZECHOSLOVAK SOCIALIST REPUBLIC:

ING. JAROMIR ZAK

FINANCE MINISTER