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2019 (1) TMI 2040 - HC - Income TaxTaxability of interest on income tax refund received - PE in India - whether should be taxed as per Article 11 of the India Switzerland DTAA @ 10% or payment of interest is inextricably connected with the company's permanent establishment in India and is therefore assessable as per Article 7 of the DTAA?” - HELD THAT:- Revenue very fairly states that this issue stands concluded against the Revenue and in favour of the Respondent Assessee by the decision of this Court in Director of Income Tax (International Taxation) v/s. Credit Agricole Indosuez [2015 (6) TMI 974 - BOMBAY HIGH COURT] and CIT v/s. Tech. Mahindra Ltd., [2016 (3) TMI 248 - BOMBAY HIGH COURT] Thus the question as framed does not give rise to any substantial question of law. Thus, not entertained. Appeal admitted on the substantial question of law at (a) - Whether on the facts and circumstances of the case and in law, the Tribunal is correct in upholding the decision of CIT (A) that international shipping profits are covered by Article 22 of the IndiaSwitzerland Treaty?
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