S.L. 123.34 Art. 2Arrangements to have effect. The to conclude an fiscal evasion economic This Contracting 1. This Contracting State the manner in 2. There income, or on movable or paid by 3. The a) in b) in 4. The taxes that are in place of, the shall notify each respective 1. For the a) the sea India in accordance

It is hereby declared:

(a) that the arrangements specified in the Agreement set out in the Schedule to this Order (hereinafter referred to as "the Agreement") have been made with the Government of the Republic of India with a view to affording relief from double taxation in relation to the following taxes imposed by the laws of the Republic of India: - the income tax, including any surcharge thereon;

(b) that it is expedient that those arrangements should have effect following the entry into force of the Agreement order and in accordance with the relevant provisions of the Agreement;

(c) that the Agreement shall enter into force on such date as may be announced by notice in the Government * Gazette.

*the Agreement came into force on the 7th February, 2014 - see L.N. 67 of 2014. BETWEEN THE GOVERNMENT OF MALTA AND THE GOVERNMENT OF THE REPUBLIC OF INDIA FOR THE AVOIDANCE OF DOUBLE TAXATION AND THE PREVENTION OF FISCAL EVASION WITH RESPECT TO TAXES ON INCOME

Government of Malta and the Government of the Republic of India, desiring Agreement for the avoidance of double taxation and the prevention of with respect to taxes on income and with a view to promoting cooperation between the two countries, have agreed as follows: Article 1 PERSONS COVERED

Agreement shall apply to persons who are residents of one or both of the States.

Article 2 TAXES COVERED Agreement shall apply to taxes on income imposed on behalf of a or of its political subdivisions or local authorities, irrespective of which they are levied. shall be regarded as taxes on income all taxes imposed on total elements of income, including taxes on gains from the alienation of immovable property and taxes on the total amounts of wages or salaries enterprises. existing taxes to which the Agreement shall apply are in particular:

India, the income tax, including any surcharge thereon; (hereinafter referred to as "Indian tax"); Malta, the income tax; (hereinafter referred to as "Malta tax"). Agreement shall apply also to any identical or substantially similar imposed after the date of signature of the Agreement in addition to, or existing taxes. The competent authorities of the Contracting States other of any significant changes that have been made in their taxation laws. Article 3 GENERAL DEFINITIONS

purposes of this Agreement, unless the context otherwise requires: term "India" means the territory of India and includes the territorial and airspace above it, as well as any other maritime zone in which has sovereign rights, other rights and jurisdiction, according to the Indian law and in accordance with international law, including the U.N. Convention on the Law of the Sea; Malta exercises sovereign rights, jurisdiction, or control with international law and its national law, including relating to the exploration of the continental shelf and natural resources; c) the terms "Contracting State" and "the other Contracting the Republic of India or Malta as the context requires; d) the term "person" includes an individual, a company, a and any other entity which is treated as a taxable unit under laws in force in the respective Contracting States; e) the term "company" means any body corporate or any treated as a body corporate for tax purposes; f) the term "enterprise" applies to the carrying on of any g) the terms "enterprise of a Contracting State" and "enterprise Contracting State" mean respectively an enterprise resident of a Contracting State and an enterprise carried of the other Contracting State; h) the term "international traffic" means any transport by operated by an enterprise of a Contracting State, except or aircraft is operated solely between places in the other State; i) the term "competent authority" means:

(i) in India: the Finance Minister, Government authorized representative;

(ii) in Malta: the Minister responsible for Finance representative; j) the term "national" means:

(i) any individual possessing the nationality of a Contracting

(ii) any legal person, partnership or association deriving such from the laws in force in a Contracting State; k) the term "tax" means Indian or Malta tax, as the context shall not include any amount which is payable in respect or omission in relation to the taxes to which this Agreement which represents a penalty or fine imposed relating to l) the term "fiscal year" means:

(i) in the case of India: the financial year beginning April;

(ii) in the case of Malta: the year immediately preceding assessment’ as defined in the Income Tax Act (Cap.