Interest paid by an Indian permanent establishment to its head...

Interest paid by an Indian permanent establishment to its head office or overseas branches may be deducted in determining profits attributable to the permanent establishment under the treaty, although the corresponding receipt is treated as payment to self under domestic law. Transactions between a foreign enterprise and its Indian permanent establishment may be subject to transfer-pricing rules; guarantee commission adjustments should reflect only the difference between the arm's length rate and commission already recovered. Foreign-exchange forward contract gains retain capital character where the contracts hedge capital investments. Interest on an income-tax refund is not effectively connected with the permanent establishment and is taxable under the treaty interest article. A treaty tax-rate ceiling prevents surcharge and education cess from exceeding that ceiling.