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7.1 Giving thoughtful consideration to the matter on re cord,
the bench is o f co nside red view that the clo ud base se rvices
do not ITA No. 312/ Del/ 2021 Micro soft Regional Sales Pte
Ltd. New De lhi 9 invo lve any transfer o f rights to the
customers in any process. The grant of right to install and
use the software included with the subscription do es not
include pro viding any copy o f the said so ftware to the
customer. The assessee's clo ud base services are though
based o n pate nts / copyright but the subscribe r do es not
get any right o f repro duction. The services are provide d
online via data centre located o utside India. The Cloud
services merely facilitate the flo w of user data fro m the
front end use rs through inte rnet to the provide r's system
and back. The ld. AO has fallen in error in interpre ting it as
licensing of the right to use the above Cloud Computing
Infrastructure and Software (para 10.5 of the Ld. AO order).
Thus the subscriptio n fee is not royalty but merely a
conside ratio n fo r online access o f the clo ud computing
Quasar Media Pvt. Ltd
services for process and sto rage of data or run the
applications.
7.2 While dealing with similar que stion in regard to the case
of M/s. Salesforce.com Singapo re Pte . (supra) whe re the
said assessee was pro vide r of comprehensive customer
relatio nship management servicing to its customer by using
Cloud Computing Services / Web Casting Service s, the
Bench in its o rde r date d 25.03.2022 held as under :
"28. Conside ring the facts of the case in totality, in
light o f the Maste r Subscription Agreement, we are of
the considere d view that the custo mers do not have
any access to the process o f the se rvice provider i.e.
the assessee, and the assessee does no t ITA No .
312/De l/2021 Microsoft Regio nal S ales Pte Ltd. Ne w
Delhi 10 have any access exce pt o therwise pro vided in
the master subscription agreement to the data of the
subscribe r.