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2022 (5) TMI 1554 - AT - Income TaxNature of expenses - License Fee - Revenue or capital expenditure - assessee company has paid an amount to the Government of India, Department of Telecommunication in consideration for grant of license to operate and provide the services - HELD THAT:- The issue has been consistently held as revenue expenditure by the ld. CITs(A) in earlier assessment years starting from 2006-07 to 2014-15. Further, this disallowance has been deleted by the Co-ordinate Bench of ITAT in the assessee’s case for A.Y. 2007-08 [2015 (1) TMI 924 - ITAT DELHI] wherein the ITAT held that license fee paid under the new revenue sharing regime effective from 01.08.1999 under the New Telecom Policy would be allowed as revenue expenditure. Since, the decision of the ld. CIT(A) is based on the order of the Tribunal, we hereby decline to interfere with the order of the ld. CIT(A) on this issue. Decided against revenue. TDS Credit on deferred revenue - AO disallowed TDS on deferred revenue by holding that if corresponding income is not taxable in a particular year, then corresponding credit for tax deducted may not be granted in view of section 199 in that year - AO held that merely because credit was claimed for tax deducted at source, it does not mean that the corresponding income is chargeable to tax - HELD THAT:- We find that this issue has been considered in assessee’s own for the A.Y. 2014-15 [2021 (8) TMI 1216 - ITAT DELHI] directing the revenue to allow the proportionate credit of TDS for the income declared during the year under consideration.
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