License fees paid for right to use telecommunication spectrum is revenue expenditure

DCIT Vs Hughes Communication India Ltd. (ITAT Delhi) Issue: Whether on the facts and circumstances of case the Ld.CIT(A) has not erred in deleting disallowance of Rs. 11,53,97,729/- of capitalization of licenses fee which give assessee company long term right to use telecommunication spectrum and the annual extension of the same be considered as capital expenditures. Held: Ld.CIT (A) has given a finding on fact that the Revenue share fee was for the operation and usage of the right given under the license and had not result into creation of capital asset or advantage. This finding on fact is n...