CBDT notifies Revised DTAA between India and Cyprus

Completion of Internal Procedures for the Revised Double Taxation Avoidance Agreement (DTAA) between India and Cyprus notified; Revised DTAA to come into effect in India in the fiscal year beginning on or after 1st April, 2017;

Will enable source based taxation of capital gains on shares, except in respect of investments made prior to 1st April, 2017; Will also bring into effect updated provisions as per international standards and in accordance with the consistent position of India.

Government of India

Ministry of Finance

Department of Revenue
Central Board of Direct Taxes

New Delhi, 16th December, 2016.

PRESS RELEASE

Sub : Notification of Completion of Internal Procedures for Revised Double Taxation Avoidance Agreement between India and Cyprus

A revised Agreement between India and Cyprus for the Avoidance of Double Taxation and the Prevention of Fiscal evasion (DTAA) with respect to taxes on income, along with its Protocol, was signed on 18^th November, 2016 in Nicosia, which will replace the existing DTAA that was signed by two countries on 13^th June 1994. The Protocol was signed by Mr. Ravi Bangar, High Commissioner of India to Cyprus on behalf of India and Mr. Harris Georgiades, the Minister of Finance on behalf of Cyprus.

Both sides have now exchanged notifications intimating the completion of their respective internal procedures for the entry into force of the DTAA, with which the revised DTAA shall come into effect in India in the fiscal years beginning on or after 1st April, 2017. The revised DTAA will enable source based taxation of capital gains on shares, except in respect of investments made prior to 1st April, 2017. In addition, the DTAA will also bring into effect updated provisions as per international standards and in accordance with the consistent position of India.

In a separate development, the notification of Cyprus under section 94A of the Income Tax Act, 1961, as a notified jurisdictional area for lack of effective exchange of information, has been rescinded with effect from 1.11.2013 [Notification No. 114/2016 dated 14.12.2016]. The bilateral economic ties between the two countries are expected to be further strengthened by these measures.

(Meenakshi J. Goswami)
Commissioner of Income Tax
(Media and Technical Policy)
Official Spokesperson, CBDT.

New Delhi, the 14th December, 2016

S. O. 4033 (E). – In exercise of the powers conferred by sub-section (1) of section 94A of the Income-tax Act, 1961 (43 of 1961), the Central Government hereby rescinds the notification of the Government of India in the Ministry of Finance, Department of Revenue, Central Board of Direct Taxes, number 86 of 2013 published in the Gazette of India, Part II, section 3, sub-section (ii) vide S.O. 3307(E) dated 1 st November 2013, except as respects things done or omitted to be done before such rescission, with effect from the date of publication of this notification in the Official Gazette.

[F.No. 500/02/2015-FT&TR-III]

GAURAV SHARMA, Under Secy,

Also Read-Corrigendum to Income Tax Notification No. 114/2016