2023 (9) TMI 1523

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....R. BRR KUMAR, ACCOUNTANT MEMBER For the Assessee : Sh. Chavali Narayan, CA For the Revenue : Sh. Vizay B. Vasanta, CIT-DR ORDER Captioned appeals have been filed by the assessee, challenging the final assessment orders, passed under section 143(3) read with section 144C(13) of the Income-tax Act, 1961 pertaining to assessment years 2019-20 and 2020-21, in pursuance to the directions of....

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....plication software developed by the assessee from various devices through Cloud Computing Technology. The subscription receipts from Cloud Services permitted to customers was not offered to tax in India, as the assessee was of the view that they are not in the nature of royalty, but business receipts and in absence of PE in India, they are not taxable under India-Ireland Double Taxation Avoidance ....

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....earned counsel for the assessee. However, he dutifully relied upon the observations of the Assessing Officer and learned DRP. 6. We have considered rival submissions and perused materials on record. The short issue arising for consideration is whether the subscription received from Cloud Services is taxable as royalty income. As we find, while considering identical issue in case of CIT vs. MOL ....