COMMISSIONER OF INCOME TAX (INTERNATIONAL TAXATION)-2 vs. INTELSAT US LLC (ERSTWHILE INTELSAT CORPORATION)
What did the High Court hold?
The High Court condoned the delay in filing the appeal. The court closed the appeal following previous decisions of coordinate benches on similar issues, subject to the outcome of pending Supreme Court SLPs.
What were the facts?
The appeal by the revenue concerns additions made regarding payments received by the assessee for satellite transponder facilities. The revenue's appeal was filed with a delay of 28 days.
What were the issues?
Whether the additions made by the assessing officer regarding satellite transponder facility payments are valid, considering prior High Court judgments on similar matters.
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
$~32 * IN THE HIGH COURT OF DELHI AT NEW DELHI + ITA 395/2023 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 Appl.37042/2023 [Application moved on behalf of the appellant/revenue seeking condonation of delay of 28 days in filing the appeal] 1. This is an application filed moved on behalf of the appellant/revenue seeking condonation of delay in filing the appeal. 2. According to the appellant/revenue, there is a delay of 28 days in filing the appeal. 3. Having regard to the period involved, we are inclined to condone the delay in filing the appeal. It is ordered accordingly. 4. The application is disposed of, in the aforesaid terms. ITA 395/2023
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 12:32:44
ITA 395/2023 5. This appeal is directed against the order dated 20.12.2022 passed by the Income Tax Appellate Tribunal [in short, “the Tribunal”]. 6. This appeal concerns Assessment Year (AY) 2018-19. 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, learned senior standing counsel, 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 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 395/2023
page 2 sof 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 12:32:44
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