2022 (11) TMI 1315

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..... te. For the Respondent : Sh. Gangadhar Panda, CIT (DR. ORDER PER SAKTIJIT DEY, JM : The assessee has filed the present appeal challenging the final assessment order dated 19.04.2021 passed under section 143(3) read with section 144C(13) of the Income-tax Act, 1961 (in short 'the Act') pertaining to assessment year 2017-18, in pursuance to the direction of learned Dispute Resolution Panel (DRP .....

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..... s income by providing Satellite Transmission Services to its customers worldwide. The satellites of the assessee are located in the Geostationary Orbit of the Earth. For provision of Satellite Transmission Services, the assessee entered into an agreement with broadcasting companies having TV Channels and communication companies. Broadcasting/communication companies beam their signals through uplin .....

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..... m Satellite Transmission Services as royalty and accordingly determined the total income at Rs.88,03,86,325/-. Against the draft assessment order so passed, the assessee raised objection before learned DRP. However, learned DRP did not interfere with the decision of the Assessing Officer. 3. Before us, learned counsel appearing for the assessee submitted, identical issue arising in preceding asse .....

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..... sessment year 2006-07 onwards, they have concluded that the receipts of the assessee from Satellite Transmission Services are in the nature of royalty. However, it is a fact on record that disputing the decision of the departmental authorities' assessee carried appeals to the Tribunal in preceding assessment years. While deciding the issue, the Tribunal has consistently expressed the view that the .....

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..... stent view of the Tribunal and the Hon'ble Jurisdictional High Court in assessee's own case, as discussed above, we hold that the amount received by the assessee from Satellite Transmission Services is not taxable in India as royalty. Grounds are allowed. 6. In the result, the appeal is allowed. Order pronounced in the open court on 11th November, 2022.
Case laws, Decisions, Judgements, Orde .....

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