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          Expenditure for obtaining Licence to operate Telecommunication Services - (New) Section 52 / (old) Section 35ABB

          Profit and Gains of Business or Profession

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          Telecommunication licence fee amortisation and transfer rules govern deduction, business income treatment, and depreciation restrictions. Capital expenditure for acquiring a right to operate telecommunication services is deductible in equal instalments over the period for which the licence remains in force, beginning from the later of the year of business commencement or actual payment of the licence fee. On transfer of the licence, the remaining unallowed expenditure may be allowed as a deduction on a loss, the excess may be taxed as business income on a gain, and no further deduction is available where the transfer proceeds equal or exceed the unallowed amount. The material also states that depreciation cannot be claimed where amortisation is allowed, and records the earlier section 35ABB regime and related treatment of telecom licence transfers.
                        Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
                          Provisions expressly mentioned in the judgment/order text.

                              Telecommunication licence fee amortisation and transfer rules govern deduction, business income treatment, and depreciation restrictions.

                              Capital expenditure for acquiring a right to operate telecommunication services is deductible in equal instalments over the period for which the licence remains in force, beginning from the later of the year of business commencement or actual payment of the licence fee. On transfer of the licence, the remaining unallowed expenditure may be allowed as a deduction on a loss, the excess may be taxed as business income on a gain, and no further deduction is available where the transfer proceeds equal or exceed the unallowed amount. The material also states that depreciation cannot be claimed where amortisation is allowed, and records the earlier section 35ABB regime and related treatment of telecom licence transfers.





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                              ActsIncome Tax
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