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2023 (6) TMI 394 - ITAT AHMEDABADTax Residency of assessee - tax resident of USA or India - levy tax at maximum marginal rate instead of applicable rate as per DTAA on interest income - HELD THAT:- Even as on date of this hearing, copy of Tax Residency Certificate is not available with the assessee, so as to able to validate that the assessee is a tax resident of USA. We are of the considered view, CIT(Appeals) has correctly observed that copy of US Passport containing details of travel into India and departure from India by itself, is not enough to confirm / demonstrate that the assessee was a tax resident of USA during the impugned year under consideration. Accordingly, matter is being restored to the file of CIT(Appeals) in order to allow the assessee to provide supporting documents to validate that the assessee was a tax resident of USA during the impugned year under consideration and hence eligible for beneficial rate of tax on interest income under the India – USA Tax Treaty. Appeal of the assessee is allowed for statistical purposes.
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