VidhiSangh

Supreme Court of India · 16/10/2023

C.I.T., DELHI versus BHARTI HEXACOM LTD.

[2023] 13 S.C.R. 371 · 2023 INSC 917

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Summary

The Supreme Court held that both the entry fee and annual variable licence fee paid to the Department of Telecommunications under the New Telecom Policy, 1999 were capital expenditure eligible for amortisation under Section 35ABB. Both payments secured the same indivisible right to establish, maintain and operate telecom services. Changing the measure or schedule of payment did not make the annual component revenue expenditure. The Revenue’s appeals were allowed.

Issues

  1. Whether annual AGR-linked telecom licence fees were revenue expenditure or capital expenditure subject to amortisation.
  2. Whether the licence consideration could be divided into capital and revenue components before and after 31 July 1999.

Provisions considered

Held

Result

Revenue’s appeals allowed. Delhi High Court’s judgment and the challenged Delhi, Bombay and Karnataka judgments following it set aside. Parties to bear their respective costs.

Judgment PDF: Supreme Court of India, [2023] 13 S.C.R. 371.