Business
SC recognises Licence and entry fees by Telcos as capital expenditure
New Delhi, Oct 17
In a major setback to telecom operators in India, the Supreme Court has passed an order recognising the payment of entry fee as well as variable annual licence fee under New Telecom Policy of 1999 as capital expenditure.
It ruled that these fees should be amortised in accordance with Section 35ABB of the Income Tax Act. "...we hold that the payment of entry fee as well as the variable annual licence fee paid by the respondents-assessees to the DoT under the Policy of 1999 are capital in nature and may be amortised in accordance with Section 35ABB of the Act." the top court said in its judgment on Monday.
A bench comprising Justices B.C. Nagarathna and Ujjal Bhuyan was hearing a plea by the Department of Telecommunications over the computation of tax for licence fees to be paid by telecom companies.
The top court further ruled that the Delhi High Court was incorrect in recognising the expenditure incurred towards establishing, operating and maintaining telecom services as partly revenue and partly capital.
It ruled that the nature of payment being for the same purpose cannot have a different characterisation merely because of the change in the manner or measure of payment or for that matter the payment being made on an annual basis.
"In our view, the High Court of Delhi was not right in apportioning the expenditure incurred towards establishing, operating and maintaining telecom services, as partly revenue and partly capital by dividing the licence fee into two periods, that is, before and after 31 July, 1999 and accordingly holding that the licence fee paid or payable for the period upto 31 July, 1999 i.e. the date set out in the Policy of 1999 should be treated as capital and the balance amount payable on or after the said date should be treated as revenue." the top court's order read.
Telcos like Bharti Airtel, Reliance Jio and Vodafone Idea are likely to be majorly impacted by this judgement.
3 hours ago
Malayalam film ‘Half’ makes history at TIFF; becomes first Malayalam film to be screened in the Midnight Madness section
3 hours ago
Nagoya illuminates Asia: Manu Bhaker, Pawan Sehrawat lead India as Games ‘declared open’
3 hours ago
Jaipur Literature Festival opens Seattle edition with defence of reading, human imagination
7 hours ago
Sudhir Mishra on directing veteran actor Waheeda Rehman: It fills me with immense joy
7 hours ago
Zubeen Garg's first death anniversary: Fans gather in Sonapur, renew call for justice
7 hours ago
Abducted, converted, forced to marry: Pakistan’s minority girls face systematic abuse
7 hours ago
Mexico-US trade talks making progress: President Sheinbaum
7 hours ago
Reading is resistance, Congresswoman Pramila Jayapal tells Seattle
7 hours ago
Jaipur Literature Festival opens Seattle edition with defence of reading, human imagination
7 hours ago
Kerala: Reporter TV MD Anto Augustine handed over to Excise custody for a day
7 hours ago
Derogatory hoardings spark controversy ahead of LoP Rahul Gandhi’s 'Chhatron Ki Goonj’ event in Indore
7 hours ago
India's startup story is no longer confined to big cities; youth from small towns play key role: PM Modi
7 hours ago
Two boys killed in tractor accident during Ganesh immersion procession in Karnataka's Raichur
