Delhi High Court rules that payments received by Amazon Web Services (AWS) for cloud computing services are not taxable as royalty or technical fees.
Indian tax authorities argued for taxing payments to AWS as either royalty or fees for technical services, but AWS contended that its services do not involve transfer of technical know-how or intellectual property.
AWS highlighted that customers only receive access to cloud services without any rights to the underlying technology or assets.
Delhi HC's verdict aligns with ITAT's decision, stating that the payments made to AWS do not qualify as royalty under the India–US Double Taxation Avoidance Agreement.