2023 (1) TMI 1481 - HC - Income Tax

Royalty receipts - Satellite transmission services are within the term royalty under the India Netherlands DTAA - HELD THAT - Issue raised in the instant matter is covered by the judgment of the coordinate bench of this court rendered in Director of Income Tax v. New Skies Satellite BV and Anr. 2016 (2) TMI 415 - DELHI HIGH COURT In view of what is stated hereinabove no substantial question of law arises for our consideration in the present appeal. The appeal is accordingly closed.

Summary

The Delhi High Court, in ITA 41/2023 concerning AY 2018-19, addressed an appeal by the revenue against the Income Tax Appellate Tribunal's order dated 22.04.2022 favoring the assessee. The appellant sought condonation of a 54-day delay in re-filing the appeal (CM No. 3045/2023), which the Court granted as the respondent did not oppose. On the merits, the Court noted that the issue is governed by the coordinate bench's decision in Director of Income-Tax v. New Skies Satellite BV and Anr. [2016] 382 ITR 114 (Del). Consequently, the Court held that "no substantial question of law arises" and closed the appeal.