https://www.taxtmi.com/caselaws?id=433122 Receipt from lease of transponder facility was not taxable as royalty under section 9(1)(vi) of the Income-tax Act read with Article 12(3) of the India-USA DTAA, because the issue was already covered by the Court's prior binding decision in the assessee's own case on transponder-related receipts. The pendency of a challenge to those earlier decisions before the Supreme Court did not dilute their binding force in the absence of any stay. Applying the principle that an operative judgment continues to govern until stayed, the Court held that the controversy had already been answered against the Revenue and no substantial question of law arose. en-us Wed, 21 Sep 2022 00:00:00 +0530 Fri, 20 Jan 2023 09:31:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=433122 Receipt from lease of transponder facility was not taxable as royalty under section 9(1)(vi) of the Income-tax Act read with Article 12(3) of the India-USA DTAA, because the issue was already covered by the Court's prior binding decision in the assessee's own case on transponder-related receipts. The pendency of a challenge to those earlier decisions before the Supreme Court did not dilute their binding force in the absence of any stay. Applying the principle that an operative judgment continues to govern until stayed, the Court held that the controversy had already been answered against the Revenue and no substantial question of law arose. Case-Laws Income Tax Wed, 21 Sep 2022 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=433122