The case dealt with the taxability of consideration received ...

Income from Cloud Services subscriptions not taxable as royalty in India. Assessee's appeal allowed.

Case Laws     Income Tax

August 8, 2024

The case dealt with the taxability of consideration received from subscriptions for the use of standard software application in India. The issue revolved around whether the receipts constituted royalty income under the Income Tax Act and Article 12 of the India-Ireland DTAA. The Tribunal held that the income from Cloud Services subscriptions was not taxable as royalty, citing precedent from the same Tribunal and a similar case involving Amazon Web Services Inc. Consequently, the income received by the assessee was deemed not taxable in India, and the additions made by the Assessing Officer were directed to be deleted. The assessee's appeal was allowed, with the ITAT clarifying its role as the Appellate Tribunal.

View Source