whether the same is capital in nature, Section
35ABB of the Act.
Brief facts of the case:
6. The National Telecom Policy ... allowed as a deduction under Section
35ABB of the Act and the remaining amount of Rs. 10,89,74,250/- was
disallowed and added back
Idea Cellular Ltd.)
(iv) The assessee has claimed deduction u/s 35ABB in respect of fixed license fees
which included amortized cost in respect ... point No. (iv) reasons recorded on the
allowability of deduction u/s.35ABB of the Act in respect of fixed licence
fee is concerned, this
assessee, should not be treated as
capital expenditure as per section 35ABB of the Act. In response to the
query raised by the Assessing Officer ... remaining life of the license. Accordingly, applying
the provisions of section 35ABB , he restricted the deduction to 1/4th of
the amount claimed, which amounted
such capital expenditure to be
amortised as per provision of section 35ABB over unexpired portion of the
licence. The unexpired portion of the licence from ... document is 8.5
years. Therefore, only Rs. Nil is allowable under section 35ABB . He,
therefore, added the impugned amount to the income of the assessee
made on account of amortization of variable license fee u/s 35ABB ... made on account of amortization of variable license fee u/s 35ABB
material
facts.
12.3 As far as the second question was concerned, Section
35ABB provides for amortization of license fees paid for
operating telecommunication services. Petitioner ... capital
expenditure for obtaining license, is not amortizable under
Section 35ABB . The respondent-Assessing Officer thus,
already had raised the said issue of amortization
material
facts.
12.3 As far as the second question was concerned, Section
35ABB provides for amortization of license fees paid for
operating telecommunication services. Petitioner ... capital
expenditure for obtaining license, is not amortizable under
Section 35ABB . The respondent-Assessing Officer thus,
already had raised the said issue of amortization
