Direct Tax Avoidance Agreements

Thailand

                                                                                                                          Article 3

GENERAL DEFINITIONS

1.     For the purposes of this Agreement, unless the context otherwise  requires:

(a)     the term "India"  means the territory of India and includes the territorial sea and airspace above it, as well as any other maritime zone in which India 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;

(b)     the term "Thailand" means the territory of the Kingdom of Thailand, including its internal waters, its territorial seas, and any maritime areas over which the Kingdom of Thailand has sovereign rights or jurisdiction under international law;

(c)     the terms "a Contracting State" and "the other Contracting State" mean the Republic of India or the Kingdom of Thailand as the context requires;

(d)     the term "person" includes an individual, a company, a body of persons and any other entity treated as a taxable unit under  the taxation laws in force in the respective Contracting States;

(e)     the term "company" means any body corporate or any entity which is treated as a body corporate for tax purposes;

(f)     the terms "enterprise of a Contracting State" and enterprise of the other Contracting State" mean respectively an enterprise carried on by a resident of a Contracting State and an enterprise carried on by a resident of the other Contracting State;

(g)     the term "tax" means Indian tax or Thai tax, but shall not include any amount which is payable in respect of any default or omission in relation to the taxes to which this Agreement applies or which represents a penalty or fine imposed relating to those taxes, as the context requires;

(h)     the term "national" means:

(i)     any individual possessing the nationality of a Contracting State;

(ii)     any legal person, partnership, association and any other entity deriving its status as such from the laws in force in a Contracting State;

 (i)     the term "international traffic" means any transport by a ship or aircraft operated by an enterprise of a Contracting State, except when the ship or aircraft is operated solely between places in the other Contracting State; and

(j)     the term "competent authority" means, in the case of India, the Finance Minister, Government of India, or his authorized representative, and, in the case of Thailand, the Minister of Finance or his authorized representative.

(k)     the term "fiscal year" means-

(i)     in the case of India: the financial year beginning on the 151 day of April;

(ii)     in the case of Thailand: the tax year beginning on the 1st day of January.

2.     As regards the application of the Agreement at any time by a Contracting State any term not defined therein shall, unless the context otherwise requires, have the meaning that it has at that time under the law of that State for the purposes of the taxes to which the Agreement applies and any meaning under the applicable tax laws of that State prevailing over a meaning given to the term under other laws of that State.