1. States Parties shall provide assistance to each other in the collection of tax claims. This aid shall not be limited by Articles 1 and 2. The competent authorities of the States Parties may, by mutual agreement, regulate the application of this article. Desiring to conclude a Protocol (hereinafter referred to as `the Protocol of Amendment`) amending in 1993 and entering into force on 12 January 1995 the Agreement and Protocol between the Republic of India and the Kingdom of Spain on the prevention of double taxation and the prevention of tax evasion on income and capital, signed at New Delhi on 8 February 1995, == 3079 (E). – The Minutes amending on 8 the Agreement between the Government of the Republic of India and the Kingdom of Spain on the prevention of double taxation and the prevention of tax evasion with regard to income and capital, signed in New Delhi on 26 October 2012, signed in New Delhi on 26 October 2012, in accordance with the Annex to this Communication (`the Protocol of Amendment`); Done in two acts at New Delhi, this 26th day of October 2012, in Hindi, English and Spanish, each of which is authentic. In the event of a deviation between one of the texts, it will be resolved on the basis of the English text. “2. If a Contracting State refers to the profits of an enterprise of that State – and taxes it accordingly – the profits on which an enterprise of the other Contracting State is to be taxed in that other State, and that other State accepts that the profits so included are profits which would have been paid to the enterprise of the first-mentioned State if the conditions fixed between the two enterprises had been those, if they were made between independent undertakings, that other State shall make an appropriate adjustment to the amount of tax levied there on those profits. The other provisions of this Convention shall be duly taken into account when making such adaptation and the competent authorities of the States Parties shall consult each other if necessary. » AMENDMENT OF THE CONVENTION AND PROTOCOL BETWEEN THE SUMMARY TEXT OF THE MULTILATERAL AGREEMENT ON THE IMPLEMENTATION OF MEASURES RELATING TO TAXATION FOR THE AVOIDANCE OF PROFIT REDUCTION AND PROFIT SHIFTING (MLI) AND THE AGREEMENT BETWEEN THE GOVERNMENT.
3. Without prejudice to the provisions of this Article, the provisions of Article 3 of this Amending Protocol shall apply to all information referred to in This Article, even if such matters arise before the entry into force of this Amending Protocol or the date of entry into force of any of its provisions. . . .