Online Platform Income Not Taxable as FTS Due to Failure of ‘Make Available’ Test: Delhi HC

CIT Vs Coursera Inc. (Delhi High Court) The Delhi High Court adjudicated an appeal filed by the Revenue under Section 260A of the Income Tax Act, challenging an order of the Income Tax Appellate Tribunal (ITAT) for Assessment Year 2020–21. The ITAT had allowed the assessee’s appeal and held that receipts from services provided by the assessee were not taxable as fees for technical services (FTS) under the Act or as fees for included services (FIS) under Article 12 of the India–USA Double Taxation Avoidance Agreement (DTAA). Read SC Judgment in this case: SC Upholds Non-Taxability of Onli...