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2012 (2) TMI 725 - AT - Income TaxRoyalty - Income taxable in India u/s 9(1)(vii), Explanation 2, Clause (vi) - Reversal of Directions of Dispute Resolution Panel u/s 144C(5) - Submission of assessee was that issue involved in the appeal is covered in favour of the assessee by the decision of the Tribunal in assessee’s own case M/S INTELSAT CORPORATION, C/O S.R. BATLIBOI & CO. VERSUS ASSTT. DIRECTOR OF INCOME-TAX, CIRCLE-1 (2), NEW DELHI [2011 (3) TMI 1707 - ITAT DELHI] HELD THAT:- We have rejected the application of the learned CIT-DR requesting for adjournment and proceeded to decide the appeal of the assessee exparte qua the Department. Respectfully following the decisions of tribunal in assessee's own case and the judgment of Hon’ble Delhi High Court [2011 (8) TMI 1248 - DELHI HIGH COURT], where it was held that Learned Counsel for the Revenue could not dispute the position that issues raised in this appeal are directly covered by the judgment of this Court in the case of ASIA SATELLITE TELECOMMUNICATIONS CO. LTD. VERSUS DIRECTOR OF INCOME-TAX [2011 (1) TMI 47 - DELHI HIGH COURT]. In that judgment, a categorical view is taken that the income received from the activities undertaken by the respondent/assessee would not be exigible to tax in India, we reverse the directions under Section 144C(5) passed by the Dispute Resolution Panel - Decision in favour of Assessee.
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