Held that where assessee had entered into a contract for provision of semi submersible deepwater drilling rig and had shown that its rig moved out of India in earlier years and there were no activities carried out from project office in India, it could not be said that assessee had a permanent establishment in India. Tribunal also held that the assessee did not have a permanent establishment in India, it will be entitled to take benefit of article 12 of India UK DTAA.  Interest received on income tax refund of assessee would be subject to taxation as per article 12(2) of India UK DTAA at rate of 15 per cent of gross amount of interest as income. (AY. 2011-12, 2013-14)