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2013 (12) TMI 606 - HC - Income TaxInterpretation of articles of DTAA - Held that:- A plain reading of provisions of DTAA between India and France makes it absolutely clear that Sub-Articles (1) & (2) will apply inter alia when the recipient of interest does not have a permanent establishment in the country, where he has received interest - The respondent assessee had a permanent place of business in India and, accordingly, submitted to the taxing jurisdiction of India and paid tax on its income except income from interest under Section 44BB of the Income Tax Act - The interest earned in India on the refund of income tax is not covered by Sub-Articles (1) & (2) of Article 12 of the said Treaty - Decided in favour of Revenue.
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