Case Law Details
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 not rebutted by the Revenue. Moreover, the Revenue has not brought to our notice any other binding precedent on this point. Under these facts, we do not see any infirmity into the order of the Ld.CIT(A) The same is hereby affirmed. The Grounds raised by the Revenue is dismissed.
FULL TEXT OF THE ORDER OF ITAT DELHI
These three appeals pertaining to the Assessment Years 201112, 2013-14 & 2014-15 are directed against the different orders of the Ld.CIT(A)-39, New Delhi, dated 12/6/2017 and Ld.CIT(A)-22, New Delhi, dated 20/10/2017. In all these appeals identical grounds have been raised. Therefore, all the appeals are taken up together for hearing and are being disposed of by way of consolidated order for the sake of brevity.
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