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(ii) Whether the Tribunal misdirected itself on facts and in law in denying the benefit of paragraph 3(b) of Article 11 of the Double Taxation Avoidance Agreement [in short, "DTAA"] obtaining between India and Germany, in respect of the interest paid by the appellant/assessee to Hypo Bank?
(iii) Whether in the facts and circumstances of the case, the Tribunal erred in law in not applying the DTAA with Germany in respect of the interest paid to ANZ and Standard Chartered Bank?"

3. The principal dispute emanates from a lending agreement which Tribunal Act AYs This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/09/2024 at 23:07:34 was entered into by the appellant-assessee with a consortium of banks and deals with the payment of interest in terms thereof. The assessee took the stand that the interest would not be taxable in India in light of Article 11(3)(b) of the Indo-Germany Double Taxation Avoidance Agreement4. This was so contended in light of the credit facilities extended being guaranteed repayment by Hermes-Deckung according to the appellant-assessee. The respondents, however, appear to have taken the position that the remittance of interest as part of the repayment of that lending facility was liable to be subjected to a withholding tax in terms of Section 195 of the Act. The respondents have also contended that Paragraph 3(b) of Article 11 would be inapplicable since the payment of interest was essentially in the nature of consideration of an insurance facility for exports which had been extended. It is this view which has been affirmed by the Tribunal. For the purposes of examining the issues which arise, we deem it apposite to take note of the following essential facts.

"Preamble Moser Baer India Ltd. a limited company incorporated and existing Indo-Germany DTAA Agreement HVB This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 06/09/2024 at 23:07:36 under the laws of the Republic of India with registered office at 63, Ring Road, Lajpat Nagar-III, New Delhi -110024 India, has entered into export contracts ("Export Contracts") with STEAG HamaTech AG, Ferdinand-ven-Steinbein-Ring-10, 75-7 Sternenfeis, Germany, (''Exporter") as more fully set out in Appendix A hereto.
Legal framework
2. The promotion of German exports forms an important part of Germany's foreign trade and payments policy and can only be carried out within the provisions of the framework of currently valid Foreign Trade and Payments Law, in particular the export control regulations. In other respects the general laws (e.g. the provisions for criminal law) as well as the legal provisions of intergovernmental institutions and relevant international arrangements with direct binding effects in the Federal Republic of Germany should apply (e.g. regulations to safeguard against hazardous chemicals). In addition to this the Political Principles of the Federal Government, effective 19th January 2000 and the decisions of the Federal Security Council apply for the export of war arms and other military supplies.