ORDER

S. Ravindra Bhat, J. The present appeals, by the Revenue, under Section 260A of the Income Tax Act 1961 ("the Act") are preferred against orders of the Income Tax Appellate Tribunal ("ITAT"), which upset Assessment Orders that ruled that the income derived by the assessees through data transmission services was taxable as royalty under Section 9(1)(vi) of the Act as well as Article 12 of the relevant Double Tax Avoidance Agreements ("DTAA"). The ITAT however, in the light of the judgment in Asia Satellite Communications Co. Ltd. V. Director of Income Tax, [2011] 332 ITR 340 (Del), interpreting Section 9(1)(vi) in the context of such services, reversed the said orders. During the pendency of these appeals, the Finance Act of 2012 amended Section 9(1)(vi) and inserted Explanations 4, 5, and 6.

2. The substantial question framed by this Court is two-fold;

(1) whether the receipts of the assessees earned from providing data transmission services, fall within the term royalty under the Income Tax Act, 1961, and

(2) if the answer to the first is in the affirmative, whether the assessees would be eligible for the benefit under the relevant Double Tax Avoidance Agreements.

3. In