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Income Tax - Highlights / Catch Notes

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Taxability of interest on income tax refund received - PE in ...


Interest on Tax Refund in India Taxed at 10% Under India-France DTAA; Not Linked to Permanent Establishment.

February 10, 2024

Case Laws     Income Tax     AT

Taxability of interest on income tax refund received - PE in India or not? - whether shall be taxable as business income under Article 7 of India-France DTAA as against offered to tax as interest income under Article 12 of India-France DTAA ? - The Tribunal held that the interest on income tax refund is to be taxed at the rate of 10% under Article 12 of the India-France DTAA, as it was not effectively connected with the Permanent Establishment in India.

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