9911796707
TMI Blog2023 (9) TMI 1523X X X X Extracts X X X X X X X X Extracts X X X X ..... m Cloud Services as royalty - HELD THAT:- While considering identical issue in case of CIT vs. MOL Corporation [ 2023 (2) TMI 1177 - DELHI HIGH COURT ] has upheld the decision of the Tribunal holding that no substantial question of law arises out of the order of the Tribunal in accepting that subscription receipts from Cloud Services is not taxable as royalty. In case of Amazon Web Services Inc. [ ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Act, 1961 pertaining to assessment years 2019-20 and 2020-21, in pursuance to the directions of learned Dispute Resolution Panel (DRP). 2. At the outset, learned counsel appearing for the assessee submitted that the additional grounds raised in assessment year 2019- 20, on instructions, are not to be pressed. Accordingly, we dismiss the additional grounds as not pressed. Be that as it may, the o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... absence of PE in India, they are not taxable under India-Ireland Double Taxation Avoidance Agreement (DTAA). However, the Assessing Officer was not convinced with the submissions of the assessee and proceeded to assess subscription receipts as royalty income both under the Act as well as under the treaty provisions and accordingly, framed draft assessment orders. Learned DRP also upheld the decis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... royalty income. As we find, while considering identical issue in case of CIT vs. MOL Corporation (supra), Hon'ble jurisdictional High Court has upheld the decision of the Tribunal holding that no substantial question of law arises out of the order of the Tribunal in accepting that subscription receipts from Cloud Services is not taxable as royalty. In case of Amazon Web Services Inc (supra), the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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