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2022 (1) TMI 368 - AT - Income TaxNature of expense - capitalization of licenses fee which give assessee company long term right to use telecommunication spectrum and the annual extension - revenue or capital expenditures - CIT-A deleted the addition - HELD THAT:- Revenue has not brought to our notice that the decision of the Tribunal pertaining to Assessment Year 2008-09 [2021 (9) TMI 763 - ITAT DELHI] was reversed by the Hon'ble High Court of Delhi. The 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.
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