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Issues:
1. Interpretation of whether services rendered through satellites for telecommunication or broadcasting amount to 'secret process' or only 'process'. 2. Determining if the term 'secret' in 'secret formula or process' qualifies the word 'process' and if services rendered through secret process only will be covered within the meaning of royalty. 3. Deciding if payments received by the assessees from customers for using satellites for telecommunication and broadcasting amount to 'royalty' and if they are taxable under section 9(1)(vi) of the Income-tax Act along with relevant provisions of DTAA. Analysis: Issue 1: The regular Bench referred questions to the Special Bench regarding whether services through satellites constitute a 'secret process' or 'process.' The revenue requested the constitution of the Special Bench due to perceived differences between previous Tribunal decisions. The revenue argued for the consideration of provisions of section 9(1)(vi) and Treaty provisions. The Intervener sought to join, claiming the decision would impact their case. The revenue contended there was no conflict between the decisions, urging the Special Bench to focus solely on Treaty interpretation. However, the Special Bench found merit in the Intervener's request, stating the conflict was raised by the revenue itself, and the Intervener's participation was crucial for a comprehensive interpretation. Issue 2: The revenue's objection to the Intervener's participation was based on the argument that the matter should be limited to Treaty interpretation. However, the Special Bench rejected this objection, emphasizing the importance of considering all relevant aspects, including the conflict between previous decisions and the impact on a large number of cases. The revenue's request for the constitution of the Special Bench highlighted the necessity to address conflicting orders and crystallize the issue. The revenue's stand on the conflict between Tribunal decisions and the need for statutory and Treaty provisions' examination led to the framing of multiple questions to comprehensively cover the issue at hand. Issue 3: Despite the revenue's objection, the Special Bench permitted the Intervener to join, recognizing the significance of their representation in interpreting relevant Act provisions and Treaties concerning the use of transponders for satellite services. The revenue's stance on the conflict between Tribunal decisions and the necessity to consider statutory and Treaty provisions underscored the need for a comprehensive examination. The decision to allow the Intervener's participation aligned with the goal of ensuring a thorough analysis of the issues involved in the appeals related to satellite services for telecommunication and broadcasting.
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