https://www.taxtmi.com/caselaws?id=769258 ITAT Delhi ruled in favor of Netherlands tax resident assessee providing satellite signal transmission services to Indian customers. Revenue authorities treated transponder lease receipts as royalty under Section 9(1)(vi) and Article 12 of India-Netherlands DTAA, making them taxable in India. ITAT followed coordinate bench precedent and Delhi HC decision in Asia Satellite case, holding that transponder capacity lease receipts do not constitute royalty. Court determined Finance Act 2012 amendments don't affect DTAA Article 12 interpretation for pre-2012 assessment years unless treaty is bilaterally amended. Assessee's appeal allowed, revenue's position rejected. en-us Wed, 16 Apr 2025 00:00:00 +0530 Wed, 23 Apr 2025 09:08:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=769258 ITAT Delhi ruled in favor of Netherlands tax resident assessee providing satellite signal transmission services to Indian customers. Revenue authorities treated transponder lease receipts as royalty under Section 9(1)(vi) and Article 12 of India-Netherlands DTAA, making them taxable in India. ITAT followed coordinate bench precedent and Delhi HC decision in Asia Satellite case, holding that transponder capacity lease receipts do not constitute royalty. Court determined Finance Act 2012 amendments don't affect DTAA Article 12 interpretation for pre-2012 assessment years unless treaty is bilaterally amended. Assessee's appeal allowed, revenue's position rejected. Case-Laws Income Tax Wed, 16 Apr 2025 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=769258