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2016 (12) TMI 1543 - HC - Income TaxApplicability of Section 35ABB vis-a-vis spectrum charges paid by the assessee - charges paid after the change in the telecom policy in 1999 - Held that:- The question of law sought to be urged is squarely covered by the previous decision of this Court in the assessee’s case for another assessment year CIT v. Bharti Hexacom Ltd.(2013 (12) TMI 1115 - DELHI HIGH COURT ). Therefore, this question cannot be framed and is answered against the revenue. Treatment by the assessee in its books of accounts to the lease rent paid to IBM for use of its software and equipments should have been amortized or the assessee permitted to claim that they were revenue expenses - Held that:- This Court holds that the impugned order has correctly appreciated that the treatment of a particular transaction in the books of accounts is inconclusive as of its true nature which has to be adjudged on an independent consideration by the Assessing Officer. In this case, therefore, the ITAT’s conclusion was justified that the expenditure was essentially revenue in character. No question of law arises
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