THE COMMISSIONER OF INCOME TAX - INTERNATIONAL TAXATION -2 vs. HCL TECHNOLOGIES LTD.

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ITA - 124 / 2025HC Delhi28 April 20252 pages
For Petitioner: RUCHIR BHATIA
AI SummaryRemanded

What did the High Court hold?

The High Court admitted the appeal for hearing on two specific questions of law. These questions pertain to the classification of income as FTS and the nature of service rendering and revenue sharing between the assessee and HCLT for foreign customers.

What were the facts?

The Commissioner of Income Tax appealed an ITAT decision concerning HCL Technologies Ltd. The appeal raises questions about whether the income earned by the assessee constitutes Fee for Technical Services (FTS) taxable under Section 9(1)(vii) of the Income Tax Act. It also questions the ITAT's finding of joint service rendering and revenue sharing with a related entity.

What were the issues?

The key issues are whether the income is taxable as Fee for Technical Services and whether the ITAT correctly determined the nature of service rendering and revenue sharing between the assessee and HCLT for foreign clients.

Which sections of the Income-tax Act were involved?

Section 9(1)(vii)

AI-generated summary — verify with the full judgment below

$~102 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 124/2025 THE COMMISSIONER OF INCOME TAX – INTERNATIONAL TAXATION -2 .....Appellant Through: Mr Ruchir Bhatia, senior standing counsel with Mr Anant Mann and Mr R.P. Gupta, Advocates. versus HCL TECHNOLOGIES LTD. .....Respondent Through: Mr Aditya Vohra and Mr Shashvat Dhamija, Advocates. CORAM: HON'BLE MR. JUSTICE VIBHU BAKHRU HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 28.04.2025 CM APPL. 24969/2025 (condonation of delay in filing) and CM APPL. 24971/2025 (condonation of delay in re-filing) 1. For the reasons stated in the applications, the delay in filing and re- filing the appeal are condoned. 2. The applications stand disposed of. CM APPL. 24970/2025 (exemption) 3. Exemption is allowed, subject to all just exceptions. 4. The application stands disposed of. ITA 124/2025 5. The learned counsel for the parties’ state that connected appeal being ITA No.65/2025 captioned Commissioner of Income Tax International Taxation-2, New Delhi v. HCL Great Britain Ltd involving similar issues in respect of prior assessment year has already been admitted vide order dated This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 11:49:21

17.03.2025. 6. In view of the above, the present appeal is admitted on the following two questions: - “1. Whether on the facts and circumstances of the case and in law, the Hon’ble ITAT has erred by not appreciating that the income of the Respondent-assessee is in the nature of Fee for Technical Services/Fee chargeable to tax under Section 9(1)(vii) of the Income Tax Act, 1961 for Included Services (FTS/FIS) rendered by it to HCLT for the business of HCLT carried on by HCLT in India for a client, which in this case, is located outside India? 2. Whether on the facts and circumstances of the case and in law, the Hon’ble ITAT has erred in holding that both HCLT and the Respondent-assessee are jointly rendering services and therefore, it is a case of revenue sharing between HCLT and the Respondent assessee qua the foreign customers of HCLT?” 7. List for hearing along with ITA Nos.552/2024, 65/2025, & 89/2025 on 16.07.2025. VIBHU BAKHRU, J TEJAS KARIA, J APRIL 28, 2025 RK Click here to check corrigendum, if any This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 11:49:21

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