Section 90 of the Income-tax Act, 1961 – Double taxation agreement – Agreement for Avoidance of Double Taxation and Prevention of Fiscal Evasion with Foreign Countries – Agreement with Government of Grand Duchy of Luxembourg.NOTIFICATION NO. 78/2009
F.NO.503/I/96-FTD-I, DATED 12-10-2009
Whereas, an Agreement and the Protocol between the Government of Republic of India and the Government of the Grand Duchy of Luxembourg for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income and on capital was signed at New Delhi on the 2nd day of June, 2008;
And whereas, the date of entry into force of the said Agreement is the 9th day of July, 2009, being the date of later of the notifications of completion of the procedures as required by the respective laws for entry into force of the said Agreement, in accordance with paragraph 2 of Article 32 of the said Agreement;
And whereas sub-paragraph (a) of paragraph 3 of Article 32 of the said Agreement provides that the provisions of the said Agreement shall have effect in India in respect of the taxes withheld at source, to income derived on or after 1 April of the calendar year next following the year in which the Agreement enters into force; and in respect of other taxes on income, and taxes on capital, to taxes chargeable for any taxable year beginning on or after 1 April of the calendar year next following the year in which the Agreement enters into force;
Now. therefore, in exercise of the powers conferred by section 90 of the Income-tax Act. 1961 (43 of 1961) and section 44A of the Wealth-lax Act, 1957 (27 of 1957), the Central Government hereby directs that all the provisions of the said Agreement and the Protocol, as annexed, shall be given effect to in the Union of India with effect from 1st day of April 2010.