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TMI Blog2023 (12) TMI 1043X X X X Extracts X X X X X X X X Extracts X X X X ..... ion charges and offered revenue from web hosting services to tax in the return filed for the relevant AYs but did not offer to tax its income from domain registration services for the reason that it was under a bonafide belief that this income is not chargeable to tax - HELD THAT:- Insofar as these appeals were concerned, the question of law, as framed, was answered in favour of the respondent/ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... il Agarwal, Sr Standing Counsel with Mr Shivansh B. Pandya, Standing Counsel and Mr Utkarsh Tiwari, Adv. For the Respondent Through: Mr Prakash Kumar and Ms Rashmi Singh, Advs. RAJIV SHAKDHER, J. (ORAL): 1. This appeal concerns Assessment Year (AY) 2014-15. 2. Via the instant appeal, the appellant/revenue seeks to assail the order dated 26.05.2023 passed by the Income Tax App ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... presentative of the parties and perused the material on records. We have also considered the decision of the Hon ble Delhi High Court in Liquid Investment and Trading Co. (supra) and decision of Indore Bench of the Tribunal in Yugal Kishore Jajoo (supra) relied upon by the assessee. It is an undisputed fact that the assessee earned revenues from two streams i.e. web hosting and domain registrati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the Hon ble Court has framed a substantial question of law as mentioned earlier. We are, therefore, of the view that the issue involved in the present appeals is a debatable issue and the position in law is not yet settled. The impugned penalty in both the AYs is therefore not exigible. [Emphasis is ours] 5. In sum, the Tribunal was of the view that the issue involved in the appeal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ] erred in holding that the income received by the appellant as a consideration for providing domain name registration services amounted to royalty ‟ under Section 9(1)(vi) of the Income Tax Act, 1961 [in short, Act ]? 8. Given the position that the respondent/assessee before us has succeeded in the aforementioned appeals, the penalty imposed in the instant appeal cannot be sustaine ..... X X X X Extracts X X X X X X X X Extracts X X X X
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