https://www.taxtmi.com/caselaws?id=443690 The India-Netherlands DTAA Protocol's Most Favoured Nation clause can import a more restrictive interest-taxation provision from a later treaty with another OECD member. Interest on an income-tax refund may consequently be treated as a Government debt claim not taxable in India where the imported treaty provision restricts source taxation. Interest for delayed filing is not leviable where the return was filed within the statutory due date, because the filing default required for the charge is absent. An addition concerning a refund allegedly already issued requires assessment-level factual verification after giving the taxpayer an opportunity of hearing. en-us Mon, 25 Sep 2023 00:00:00 +0530 Fri, 29 Sep 2023 16:36:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=443690 The India-Netherlands DTAA Protocol's Most Favoured Nation clause can import a more restrictive interest-taxation provision from a later treaty with another OECD member. Interest on an income-tax refund may consequently be treated as a Government debt claim not taxable in India where the imported treaty provision restricts source taxation. Interest for delayed filing is not leviable where the return was filed within the statutory due date, because the filing default required for the charge is absent. An addition concerning a refund allegedly already issued requires assessment-level factual verification after giving the taxpayer an opportunity of hearing. Case-Laws Income Tax Mon, 25 Sep 2023 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=443690