https://www.taxtmi.com/caselaws?id=181971 Excess tax retained by the revenue was treated as a refundable debt-claim because the amount represented tax collected in excess and legally payable back to the taxpayer. Interest on delayed refund was characterised as statutory interest arising from the delay in repayment and fell within the treaty's interest article. Article 12(6) did not apply because the recipient had no permanent establishment in India and the interest was not effectively connected with any business presence there. The treaty treatment therefore remained available for the refund interest under article 12(2). en-us Mon, 30 Nov 1998 00:00:00 +0530 Thu, 28 Apr 2016 17:41:14 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=181971 Excess tax retained by the revenue was treated as a refundable debt-claim because the amount represented tax collected in excess and legally payable back to the taxpayer. Interest on delayed refund was characterised as statutory interest arising from the delay in repayment and fell within the treaty's interest article. Article 12(6) did not apply because the recipient had no permanent establishment in India and the interest was not effectively connected with any business presence there. The treaty treatment therefore remained available for the refund interest under article 12(2). Case-Laws Income Tax Mon, 30 Nov 1998 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=181971