The Director Of Income Tax (International Taxation v. Siemens Aktiengesellschaft

agk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO.4828 OF 2010 The Director of Income Tax (International Taxation)..Appellant.VersusSiemens Aktiengesellschaft..Respondent. Mr.Suresh Kumar for the appellant.Mr.Rajiv Singh with Mr.Sameer Chitnis i/by Crawford Bayley & Co. for the respondent. CORAM : J.P. Devadhar &M.S. Sanklecha, JJ. DATE : 22[nd] October 2012 P.C. : 1.Two questions of law raised by the Revenue in this appeal, relating to assessment year 2002-2003, reads thus : i)Whether in law since software is not sold but is only licensed payment for use thereof received by the respondent constitutes payment for royalty taxable under the Act ?for use thereof received by the respondent constitutes payment for royalty taxable under the Act ? ii)Whether on the facts and in the circumstances of the case and in law the ITAT was justified in deleting levy of interest under Section 234B and 234C of the Act ? the ITAT was justified in deleting levy of interest under Section 234B and 234C of the Act ? 2.As regards second question is concerned, learned counsel for the parties state that the said question stands answered against the revenue by the decision of this Court in the case of Director of Income Tax (International Taxation) V/s. NGC Network Asia LLC Limited reported in (2009) 313 ITR 187 (Bom.). Hence, question (ii) cannot be entertained in this appeal. 3.The appeal is admitted on question (i). (M.S. Sanklecha, J.) (J.P. Devadhar, J.)