Supreme Court · 2023 INSC 917 · Decided 16 October 2023
C.I.T., Delhi v. Bharti Hexacom LTD.
- Court
- Supreme Court of India
- Citation
- 2023 INSC 917 · [2023] 13 S.C.R. 371
- Case number
- CIVIL APPEAL No. 11128/2016
- Decided
- 16 October 2023
- Bench
- B.V. NAGARATHNA, UJJAL BHUYAN (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Income Tax Act Section 37, 35AB, 35A
Headnote
HEADNOTES Issues for consideration: Whether the variable annual licence fee paid by the respondents- assessees to the Department of Telecommunications (DoT) under the New Telecom Policy of 1999 is revenue expenditure in nature and is to be allowed deduction under Section 37 of the Income Tax same is capital in nature and is accordingly required to be amortised under Section 35ABB of the Act; and Whether the High Court of Delhi was right in apportioning the licence fee as partly revenue and partly capital by dividing the licence fee into two periods, that is, before and after 31st
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