THE COMMISSIONER OF INCOME TAX - INTERNATIONAL TAXATION -3 vs SALESFORCE.COM SINGAPORE PTE. LTD.

$~23 to 29 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 144/2023 + ITA 145/2023& CM Appl.11869/2023 + ITA 146/2023& CM Appl.11873/2023 + ITA 147/2023& CM Appl.11878/2023 + ITA 148/2023& CM Appl.11879/2023 + ITA 149/2023& CM Appl.11881/2023 + ITA 150/2023& CM Appl.11885/2023 THE COMMISSIONER OF INCOME TAX - INTERNATIONAL TAXATION-3

..... Appellant Through: Mr Ruchir Bhatia, Sr Standing Counsel.

versus

SALESFORCE.COM SINGAPORE PTE. LTD. ..... Respondent Through: Mr Vishal Kalra with Ms Rajnandini Shukla, Advs.

CORAM:

HON'BLE MR. JUSTICE RAJIV SHAKDHER

HON'BLE MS. JUSTICE TARA VITASTA GANJU

O R D E R %

14.03.2023 [Physical Hearing/Hybrid Hearing (as per request)] 1. These appeals concern Assessment Year (AY) 2011-12 to 2017-18. 2. The short issue which arises for consideration is: whether subscription fee received by the respondent/assessee is royalty, as contended by the appellant/revenue, in terms of Section 9(1)(vi)(b) and/or under Article 12(3)(b) of the India-Singapore DTAA.

ITA 144/2023 and connected matters

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Mr Vishal Kalra, who appears on advance notice, says that prima facie, the issue seems to be covered by the Supreme Court in the case of Engineering Analysis Centre of Excellence (P.) Ltd. Vs. CIT, 432 ITR 471 (SC). 4. Mr Kalra informs us, that in another matter raising a similar issue i.e., ITA 86/2023, which was disposed of on 15.02.2023, the appellant/revenue had, in fact, conceded that the issue is covered by the aforementioned judgment of the Supreme Court. 5. Mr Bhatia says, that he will examine the facts obtaining in ITA No.86/2023. 6. List the matters on 15.03.2023.

RAJIV SHAKDHER, J

TARA VITASTA GANJU, J

MARCH 14, 2023/pmc

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ITA 144/2023 and connected matters

Page 2 of 2 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 13:12:19

THE COMMISSIONER OF INCOME TAX - INTERNATIONAL TAXATION -3 vs. SALESFORCE.COM SINGAPORE PTE. LTD.