US tech firm's cloud analytics solution income in India not taxable as Fees for Technical Services.

The ITAT held that the income received by the assessee from Indian customers for providing a cloud-native machine data analytics solution did not qualify as "Fees for Technical Services" (FTS) under the Income Tax Act, 1961 and the India-US DTAA. The assessee had submitted a Tax Residency Certificate (TRC) and offered the income generated in India as business income in the resident country, as required by law. Consequently, the grounds of appeal nos. 1 to 6 filed by the assessee were allowed. Regarding TDS credit, the ITAT directed the Assessing Officer to verify and allow the same as per law. .....

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