F. No.500/154/2009-FTD-I, dated 16-10-2012

I dated 16 10 2012 f. no.500/154/2009 ftd i dated 16 10 2012

What this is

F. No.500/154/2009-FTD-I, dated 16-10-2012 was issued by the Central Board of Direct Taxes on 16 October 2012. Its subject is I dated 16 10 2012 f. no.500/154/2009 ftd i dated 16 10 2012.

What it does

Circulates the notification publishing the Multilateral Convention on Mutual Administrative Assistance in Tax Matters, which was published in the Gazette of India (Extraordinary) on 30 August 2012. All the provisions of the Convention are to be given effect to in the Union of India with effect from 1 June 2012. A copy of the notification was enclosed for information and sent to the international taxation and transfer pricing directorates and to the Systems directorate for putting on the departmental website.

Why it was issued

It is a circulating letter: the Convention had been notified and the Board was sending the published text to the officers concerned.

Who it reaches

Assessees whose information may be exchanged with another party to the Convention
Directorates of international taxation and transfer pricing acting on requests for assistance
Persons facing assistance in recovery or service of documents through the Convention

The instrument, as the Board published it

The department publishes this one only as a PDF, so the words below were read out of that PDF by machine. That reading can carry its own mistakes — a misread number, a broken line. Check the signed document before you rely on a figure in it.

t F. N o. 5O0/ d L54 / 2OO9'FTD-| Government of India Ministry of Finance DePartment of Revenue Gentral Board of Direct Taxes (ForeiBn Tax & Tax Research Division) 7th Floor, 'C'Win$, Hudco Vishala Buildin$, 14, BhikajiCama PIace, New Delhi, the 16th October, 2Ot2 subjectr circuration of the pubrished Notification of the Murtiraterar convention on Mutual Administrative Assistance in Tax Matters in the Gazette of India (ExtraordinarYlreg. TheNotificationoftheMu|ti|ateraIConventiononMutuaIAdministrative Assistance in Tax Matters was published on 30th Au€lust,2OL2 through S'O' 1990(E) Notification No. 35/2OL2l F.No.500/ L54/2OO}-FTD{' A copy of the same is enclosed for information. 2. All the provision of the said Gonvention on Mutual Administrative Assistance in Tax Matters shal be given effect to in the union of India with effect from the 1st June, 20L2. Encl.; as above. 1, 2. 3 4. 5. (ViPulAgarwal) Under SecretarY,FT&TR-Il l(1) Telefax. :26L79265 0lu, Director General of Income Tax (lnternationalTaxation), Drum Shaped Building' l.P. Estate, New Delhi. Director General of Income Tax (Systems), ARA Centre, E-2, GrOund Floor' Jhandewalan Extension, New Delhi - 110055 with a request to put the notification on the Departmentalwebsite (soft copy enclosed). All Chief Commissioners of Income Tax (Cadre Controlling CCs) Director of Income Tax (PRPP & OL), 6th Floor, Mayur Bhawan, Connau$ht Place' New Delhi(5 coPies). Directors of Income Tax (lnternationalTaxation), Drum Shaped Buildin$, l'P' Estate, New Delhi -/ a4{tv o,r..affi Tax (rnternationar raxation), 1o7, Scindia House, NM Road, Ballard Pier, Mumbai-1. 4 6. 7. Director of Income Tax(lnternationat Taxation), 121, MG Road, Nungambakkam, Chennai. 8. Director of Income Tax (lnternationat Taxation), Central Revenue Building, Queens's Road, Bangalore - 560001. 9. Director of Income Tax (lnternationat Taxation), Aayakar Bhawan, p-7, Chowringhee Square, Kolkata - 200069. 10. Director of Income Tax (lnternationaltaxation), Praptikar Sadan, lst Floor, 60/6L Erandawana, Pune - 4LLOO4. L1,. Director of Income Tax (lnternationaltaxation), Ahmedabad. L2. Directors of Income Tax (Transfer Pricing), Drum Shape Building, l.P. Estate, New Delhi. 13. Directors of Income Tax (Transfer Pricing), LO7, Scindia house, NM Road, Ballard Pier, Mumbai-1. L4. Director of Income Tax (Iransfer Pricing), L27., MG Road, Nungambakkam, Chennai. 15. Director of Income Tax (Transfer Pricing), Central Revenue Building, queens's Road, Bangalore - 560001. 16. Director of Income Tax (Transfer Pricing), Aayakar Bhawan, P-7, Chowringhee Square, Kolkata - 700069. L7. Director of Income Tax (Transfer Pricing), Praptikar Sadan, lst Floor, 60/61, Erandawana, Pune - 4LLOO4. 18. Director of Income Tax (Transfer Pricing), Ahmedabad. / (VipulAgarwal /w,,* ) Under Secretary, FT&TR{ | l(1) Tef efax. :26L79265

What to watch

The letter carries none of the Convention's terms; the operative document is the notification and the Convention enclosed with it.
Effect in India is stated to run from 1 June 2012, which is earlier than the date of publication in the gazette, so the period between the two dates is worth checking against the notification itself.
The scan is badly damaged throughout, with the file number, gazette number and notification number all mangled, so take every reference from the gazette.

Where you meet it

Where a request for exchange of information, assistance in recovery or service of documents is made or resisted under the Convention.

A circular binds the department, not you and not a court. The Board issues a circular to its own officers. An assessee may hold the department to a circular that helps him; the department cannot hold an assessee to one that hurts him, and the Tribunal and the courts decide the law for themselves.

Source: the Income Tax Department’s own published text — its page for this instrument.