DCIT (INTERNATIONAL TAXATION), NEW DELHI vs. M/S. STARWOOD HOTELS & RESORTS WORLDWIDE INC., NEW DELHI

Only one ground has been raised in this appeal: “(i) Whether on the facts and in the circumstances of the case, the ld. CIT (A) has erred in holding that the Centralized services fee received by the appellant for rendering various services such as Sales and Marketing, Loyalty Programs, Reservation Service, Technological Service, Operational Services and Training, Program etc. to customers in India, were not taxable as “Fees for Technical Services” (FTS) in terms of Section 9 of the Income Tax Act, 1961 as well as Article 12 of the India-US Double Taxation Avoidance Agreement (DTAA).”

We find that the issue has been already adjudicated in the assessee’s own case for the assessment year 2011-12 by the Co-ordinate Bench of ITAT Delhi. The decision of the Co- ordinate Bench was based on the judgment of the Hon’ble jurisdictional High Court in assessee’s own case that the receipt on account of sales and marketing, loyalty programmes, reservation services, technological services and operational services do not constitute fee for technical services. Hence, respectfully following, the orders of the Co-ordinate Bench and Hon’ble High Court of Delhi, we decline to interfere in the order of the ld. CIT (A).

In the result, the appeal of the Revenue is dismissed. (Order Pronounced in the Open Court on 02/09/2019).