Cincom System Inc vs. DDIT, Circle-1(1)
In the result, the appeal i
ITA 952/DEL/2006[2002-2003]Status: DisposedITAT Delhi30 Sept 2015AY 2002-2003
Bench: Smt. Diva Singh & Shri Inturi Rama Raoassessment Year: 2002-03 Cincom System Inc. Vs. Ddit, Circle-1(1), C/O- Cincon System India Intl. Taxation, New Delhi (P.) Ltd., 1207, Kailash Building, K.G. Marg, New Delhi (Pan: ) (Appellant) (Respondent) & Ita Nos. 1271 To 1274/Del/2009 Assessment Years: 2003-04 To 2006-07 Adit, Circle-1(1), Vs Cincom Systems Inc. Intl. Taxation, New Delhi C/O-Cincom Systems India Pvt. Ltd., 1206, Kailash Building, 26, Kasturba Gandhi Marg, New Delhi. (Appellant) (Respondent) Assessee By : S/Sh Ved Jain & Ashish Chadha, Cas Department By : Sh. Ravi Jain, Cit(Dr) & Sh. Parwinder Kaur, Sr.Dr Date Of Hearing: 01.09.2015 Date Of Pronouncement: 30.09.2015 Order Per Inturi Rama Rao, A.M.: These Appeals Involving Common Issue Are Filed By Both The Assessee As Well As By The Department. Appeal In Ita No. 952/Del/2006 Filed By The Assessee Is Directed Against The Order Of Cit(A), Dated 27.01.2006 Passed For The 2 Assessment Year 2002-03. Appeals In Ita Nos. 1271, 1272 &1273/Del/2009 Filed By The Revenue Are Directed Against Consolidated Order Of Cit(A), Dated 11.12.2008 Passed For The Assessment Years 2003-04, 2004-05 & 2005-06 Respectively. Ita No. 1274/Del/2009 Filed By The Revenue Is Directed Against The Order Of Cit(A), Dated 08.01.2009 Passed For The Assessment Year 2006-07. Since Common Issue Is Involved In All These Appeals, We Proceed To Dispose Of The Appeals By One Consolidated Order. The Grounds Of Appeal Raised In Ita No.
For Appellant: S/sh Ved Jain & Ashish Chadha, CAsFor Respondent: Sh. Ravi Jain, CIT(DR) & Sh. Parwinder Kaur, Sr.DR
…ector of Income Tax, 332 ITR 340. He also placed reliance on the following decisions: i. DCIT Vs. Panamsat International Systems Inc., (2006) 9 SOT (Del.) ii. Software Technology Parks of India Vs. ITO, (2005) 3 SOT 529 (Bang.) iii. Wipro Ltd. Vs. ITO, (2004) 1 SOT 758 (Bang. ) iv. B4U International Holdings Ltd. Vs. DCIT, ITA No. 880/Mum/2005, Dt. 28.05.2012 v. Siemens Aktiengesellschaft Vs. ITO, (1986) 22 ITR 87 vi. Addl. DIT Vs. TII Team Telecom International (P.) Ltd., (2011) 60 DTR 777 3. On the other hand, learned Sr. DR vehemently argued that the services in question fall within the definition of ‘royalty’…