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2015 (3) TMI 940 - HC - Income TaxInterest on payment qua the license fee - whether could not be amortised in view of Section 35ABB - whether the licence fee payable by telecom service providers to the Department of Telecommunications is to be treated as capital or revenue expenditure? - Held that:- As decided Commissioner of Income Tax V. Bharti Hexacom [2013 (12) TMI 1115 - DELHI HIGH COURT] in the licence fee payable on or before 31st July, 1999 should be treated as capital expenditure and the licence fee payable thereafter should be treated as revenue expenditure. In view of the aforesaid position, the question of law admitted for hearing in this appeal as recorded in the order dated 21st August, 2013, has to be answered in favour of the revenue and against the respondent assessee.Capital expenditure will qualify for deduction as per Section 35ABB of the Act. - Decided in favour of revenue.
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