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2012 (12) TMI 1150 - ITAT MUMBAIInterest received on income-tax refund - Fees for technical services - DTAA between India and Denmark - Held that:- This issue has been decided by the Mumbai bench of the Tribunal in the case of Hapag Lloyd Container Linie GmbH v. ADIT (IT) [2010 (12) TMI 282 - ITAT, MUMBAI] by holding interest on income tax refund falling under Article 11 of the DTAA between India and Germany (similar to Article 12 of India and Denmark DTAA under consideration) liable to tax. It has been held in that order that such interest cannot be considered as business income covered under Article 8 of DTAA between India and Germany (similar to Article 9(4) of DTAA between India and Denmark under consideration). In view of the afore-noted order passed by the Mumbai Bench of the Tribunal, we uphold the impugned order on this issue.
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