RAJIV SHAKDHER, GIRISH KATHPALIA
Commissioner of Income Tax (international Taxation)-2 – Appellant
Versus
Intelsat Us Llc – Respondent
JUDGMENT
[Physical Hearing/Hybrid Hearing (as per request)]
Rajiv Shakdher, J. (Oral)
1. This appeal concerns Assessment Year (AY) 2019-20.
2. Via this appeal, the appellant/revenue seeks to assail the order dated 31.01.2023 passed by the Income Tax Appellate Tribunal [in short, "Tribunal"].
3. Mr Sanjay Kumar, learned senior standing counsel, who appears on behalf of appellant/revenue, fairly informs us that the issue raised in the present appeal is covered by the decision of this Court dated 24.07.2023 rendered in ITA No. 395/2023, titled Commissioner of Income Tax (International Taxation)-2 vs. Intelsat US LLC (Erstwhile Intelsat Corporation).
4. The said decision concerns AY 2018-19. While disposing the appeal, we had made the following observations:
"7. Broadly, the appeal concerns the additions made by the assessing officer vis-a-vis payment received for rendering satellite transponder facilities by the respondent/assessee to its customers in India.
8. We are told by Mr Sanjay Kumar, learned senior standing counsel, who appears on behalf of the appellant/revenue, that the issue raised in the present appeal is covered by the decisions rendered by the coordinate benches in M/s
The main legal point established in the judgment is that when an issue is covered by a judgment rendered by a coordinate bench of the court and affirmed by the Supreme Court, no substantial question ....
The court found that the issue was covered by previous judgments and no substantial question of law arose for consideration.
The interpretation of Section 9(1)(vi) of the Income Tax Act, 1961 and Article 12(3) of the India-USA DTAA regarding the taxability of amount received for lease of transponder facility as royalty.
The court's decision was influenced by the applicability of previous judgments and the absence of a substantial question of law for consideration.
Income received for leasing transponder facilities is not chargeable to tax as royalty under the Income Tax Act and applicable DTAA, based on established judicial precedent.
The court's decision emphasized that no substantial question of law arose for consideration, leading to the dismissal of the appeals.
The classification of income as 'royalty' under the India-Netherlands DTAA remains subject to the precedent set in a related judgment, unaffected by pending appeals.
The absence of substantial question of law can lead to the closure of appeals.
The main legal point established in the judgment is the application of consistent observations and directions from a similar case to the present appeal, leading to the setting aside of the impugned o....
The court's decision was based on the principle that no substantial question of law arose for consideration in the appeal.
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.