Order27.07.2012 v. Signature Not Verified

(- i2 ,l $-1to4*IN TI.IE I,IIGH COURT OF DELTIIAT NEW DELIII rTA 399/2012. C.M. APl'}L. 11599/2012 r'tA40012012I1'A 401"/2012. C.M. APPL. 11600/2012t'rA 402/20L2, C.M. APPL. 1160112012DIRECTOR OF INCOME TAXversusSI{IN SATELLTIE PUBLIC COMPANY ..... Appellant..... Rcspondent ......Appellant Through: Sh. Sanjeev Sabharwal, Sr. Standing Counselwith Sh. Punit Gupta, Junior Standing Counsel, for IncomeTax. . . ...Respondents Tluough: Sh. Ruchir Mishra, Advocate, for UOI. CORAM:IION'BL]' MR. JUSTICII S.ITAVINDITA BIIA'IIION'I}LE MIT. JUSI'ICE R.V.EASWAIT ORDER27.07.2012 "h The cluestions Sought to be urged in these appeals by the Revcnue is whetherinterest under Section 234A ought to have been paid by the Assessee. In all these appcals.- arising out of different Assessment Years, thc Asses'see had clairned that the income inits hands, was not taxable as it was not "royalty" within the meaning of that expressioncontained in Section 9(1)(vi) of the Income Tax Act. The Assessee slrcceeded in itscontention; the rnain question as to the taxability of thc arnount and whethel it was liableto bc treated as royalty income was decided by this Court in the decision reported as AsiaSatellite Communiccttions Contpany Limited v. D1I (I'IA No. l3I/2003). In themcanwhilc, thc AO had invoked Section 154 to rectify the assessment by charginginterest under Section 234A. I-Iaving regard to the final ruling of this Court in AsiaSatellite Contmuniccttions Contpany Lintifecl (supra) that no taxable event occurred, theI'[n'l' held that Scction 234A would not be leviable. We alc informed that this Couft's i' -t judgrnent has been carried in appeal to the Supreme Court and is pending considcrationon its file. Since there is no dispute about the fact on the main [issue, ][this ][Court ][has ][ruled ][that]tlrere is no taxing event. The proceedings invoking Section [154 ][vis-c\-vis Section ][234A ][do]not sruvive. It is open to the Revenue to take [appropriate proceedings, ][if ][available, ][in ][the]light of the final decision rendered by the Supreme [Cotut in ][the ][pending ][appeals.]The appeals are dismissed but in the above terms. S. RAVINDRA BIIAT, J t5/,^,..,-R.V.EASWAR, J JULY 27,2012'ajk'