appellant are as follows:
Ground no. 1: Income from cloud hosting services is erroneously held as royalty
within the meaning of explanation 2 to section ... directions of the Hon'ble DRP erred in holding that cloud
hosting system is combination of hardware, software and networking elements
that constitutes industrial
includes telecom
service providers, network service providers, internet service
providers, web-hosting service providers, search engines,
online payment sites, online-auction sites, online-market
places ... third party
information, data, or communication link made available or hosted
by him.
(2) The provisions of sub-section (1) shall apply
anyrelevant third-party information, data or communication link made available or hosted by that intermediary or such online gaming intermediary where he fails to ensure
itself, and to cause the users of its computer resource to not host, display, upload, modify, publish, transmit, store, update or share any information that ... intermediary, on whose computer resource the information is stored, hosted orpublished, upon receiving actual knowledge in the form of an order by a court ofcompetent
computer resource of an intermediary or apublisher for the purpose of hosting, publishing, sharing, transacting, viewing, displaying,downloading or uploading information and includes other persons
entity referred to in Rule 8 which has created, published or hosted the content or part thereof, and where it is able to identify such
block the relevant content and information generated, transmitted, received, stored or hosted in their computer resource for public access within the time limit specified
identifiable persons, publishers or intermediary in control of such computer resource hosting such information or part thereof without giving him an opportunity of hearing
unblocking of such content or information generated, transmitted, received, stored or hosted in a computer resource. Explanation.—For the purpose of this rule, ―Review Committee
Bajaj Finance Ltd vs Go Daddy India Domains And Hosting ... on 24 March, 2021
Author: G.S. Patel
Bench: G.S. Patel ... Bajaj Finance Ltd ...Plaintif
Versus
Go Daddy India Domains And Hosting Services ...Defendants
Pvt Ltd & Ors
Mr Aniruddha Valsangkar, with Rajesh Devgharkar