2023 (7) TMI 1463 - HC - Income Tax

Accrual of income in India - payment received for rendering satellite transponder facilities by the respondent/assessee to its customers in India - HELD THAT - As appellant/revenue that the issue raised in the present appeal is covered by the decisions rendered by the coordinate benches in M/s Asia Satellite Telecommunications Co. Ltd 2011 (1) TMI 47 - DELHI HIGH COURT and New Skies Satellite BV 2016 (2) TMI 415 - DELHI HIGH COURT We are told that the appellant/revenue has preferred Special Leave Petition(s) against the said decisions which are pending adjudication. Accordingly the appeal of the appellant/revenue is closed following the abovementioned decisions rendered by the coordinate benches It is however made clear that if the Supreme Court were to rule otherwise the parties will be bound by the decision rendered in the SLPs

Summary

The High Court of Delhi allowed the application for condonation of delay in filing the appeal. The appeal was against the order passed by the Income Tax Appellate Tribunal regarding satellite transponder facilities for AY 2018-19. The appeal was closed in favor of the appellant/revenue based on previous decisions, with a clarification that parties will be bound by the Supreme Court's decision if it rules otherwise in pending Special Leave Petitions.