https://www.taxtmi.com/caselaws?id=449378 Interest on income-tax refund received by a non-resident was not effectively connected with its India permanent establishment because the branch had no business activity during the relevant year and the refund claim lacked a real nexus with that establishment under the treaty's asset-test or activity-test. The receipt therefore fell within Article 12 of the India-France DTAA as interest, and Article 7 business profits treatment could not be invoked; it was taxable only at the treaty rate under Article 12(2). en-us Tue, 06 Feb 2024 00:00:00 +0530 Fri, 09 Feb 2024 19:33:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=449378 Interest on income-tax refund received by a non-resident was not effectively connected with its India permanent establishment because the branch had no business activity during the relevant year and the refund claim lacked a real nexus with that establishment under the treaty's asset-test or activity-test. The receipt therefore fell within Article 12 of the India-France DTAA as interest, and Article 7 business profits treatment could not be invoked; it was taxable only at the treaty rate under Article 12(2). Case-Laws Income Tax Tue, 06 Feb 2024 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=449378