COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-2 vs. INTELSAT US LLC (ERSTWHILE INTELSAT CORPORATION)
What did the High Court hold?
The Delhi High Court condoned the delay in filing the appeal. The court closed the appeal, following previous decisions of coordinate benches on similar issues, while noting that any Supreme Court ruling would be binding.
What were the facts?
The appeal concerns additions made by the assessing officer regarding payments received by the assessee for satellite transponder facilities provided to Indian customers. The revenue sought condonation of delay in filing the appeal.
What were the issues?
Whether the appeal filed by the revenue is barred by limitation. Whether the issue raised in the appeal is covered by previous High Court judgments on similar facts.
AI-generated summary — verify with the full judgment below
Cases cited in this judgment(2)Show listHide list
Detected automatically from the text. Citations are also linked where they appear in the judgment. The count shows how many other judgments on BharatTax rely on the same authority.
- Asia Satellite Telecommunications Co. Ltd. v. DIT359 citing322 ITR 340 · 2011 · HC
- DIT v. New Skies Satellite BV325 citing382 ITR 114 · 2016 · HC
$~31 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 394/2023 COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-2
..... Appellant Through: Mr Sanjay Kumar, Senior Standing Counsel with Ms Easha Kadian and Ms Hemlata Rawat, Standing Counsel.
versus
INTELSAT US LLC (ERSTWHILE INTELSAT CORPORATION)
..... Respondent Through: Mr S S Tomar with Mr Ankit Sahani, Advocates. CORAM:
HON'BLE MR. JUSTICE RAJIV SHAKDHER
HON'BLE MR. JUSTICE GIRISH KATHPALIA
O R D E R %
24.07.2023 [Physical Hearing/Hybrid Hearing (as per request)] CM Appls.37032-33/2023 [Applications moved on behalf of the appellant/revenue seeking condonation of delay of 4 days in filing and 40 days in re-filing the appeal] 1. These are the applications moved on behalf of the appellant/revenue seeking condonation of delay in filing and re-filing the appeal. 2. According to the appellant/revenue, there is a delay of 4 days in filing and 40 days in re-filing the appeal. 3. Having regard to the period involved, we are inclined to condone the delay in filing and re-filing the appeal. It is ordered accordingly. 4. The applications are disposed of, in the aforesaid terms. ITA 394/2023
page 1 of 2 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 12:31:12
ITA 394/2023 5. This appeal is directed against the order dated 11.11.2022 passed by the Income Tax appellate Tribunal [in short, “the Tribunal”]. 6. This appeal concerns Assessment Year (AY) 2017-18. 7. Broadly, the appeal concerns the additions made by the assessing officer vis-à-vis payment received for rendering satellite transponder facilities by the respondent/assessee to its customers in India. 8. We are told by Mr Sanjay Kumar, who appears on behalf of the 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. v. DIT (2011) 322 ITR 340 (Del) and Director of International Taxation v. New Skies Satellite BV (2016) 382 ITR 114 (Del). 9. We are told that the appellant/revenue has preferred Special Leave Petition(s) against the said decisions, which are pending adjudication. 10. Accordingly, the appeal of the appellant/revenue is closed, following the abovementioned decisions rendered by the coordinate benches of this Court. 11. 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.
RAJIV SHAKDHER, J
GIRISH KATHPALIA, J
JULY 24, 2023/ pmc
Click here to check corrigendum, if any ITA 394/2023
page 2 of 2 This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 27/03/2026 at 12:31:12
Recent GST High Court judgments
Search GST case law →- Akshaya Consortium vs. The Assistant Commissioner (St)Andhra Pradesh · 28 Oct 2026
- Dipanshu Aggarwal vs. Director General Of GST IntelligenceDelhi · 28 Oct 2026
- Dezinetree Projects PVT. LTD. vs. Spokes Digital Inc And AnrDelhi · 28 Oct 2026
- Jaydeep Jayantilal Hudaka vs. State Of GujaratGujarat · 28 Oct 2026
- Commissioner/Additional Commissioner Of Central Tax vs. M/S INDIA Agro Exports Private LimitedKarnataka · 28 Oct 2026