ORDER

This is an appeal filed by the assessee against the final order passed by the AO on 07/07/2023 in DIN No.ITBA/AST/S/143(3)/2023-24/1054219036(1) on the following grounds:

“Ground No. 1

On the facts and in the circumstances of the case and in law, the assessment order framed under section 143(3) read with section 144C( 13) of the Income tax Act 1961 ('the Act`) passed by the Learned Assessing ('learned AO) dated 7 duly 2023 incorporating the direction of Hon’ble Dispute Resolution Panel - 2, Bangalore ('Hon’bleI DRP') dated 07 June 2023 to the extent prejudicial to the Appellant, is bad in law. contrary to the facts and circumstances of the case and is liable to be quashed.

Ground No. 2

On the facts and in the circumstances of the ease and in late, the Hon'ble DRP / Learned AO erred in making an addition of INR 40,0072,256/- received from the Indian customers as subscription fees by treating it as 'Royalty' u/s 9(1)(vi) ('the Act') and Article 12(3) of the of the tax treaty between India and the. United States of America ('India-USA DTAA').

Accordingly, the Appellant prays that the aforesaid addition made by the Learned AO ought to be deleted.

Ground No. 3

3.1 On the facts and in the