Tax Deductions for Telecom Licenses: Section 35ABB Explains Capital Expenditure and Treatment in Mergers or Sales
Section 35ABB of the Income Tax Act outlines the treatment of expenditure for obtaining a license to operate telecommunication services. The expenditure must be capital in nature, incurred for acquiring the right to operate such services, and payment must be made to claim deductions. Deduction calculations differ based on whether the license fee was paid before or after business commencement. If a telecom license is sold, the tax treatment varies based on whether the sale consideration is more or less than the written down value (WDV). In cases of amalgamation or de-merger, the section applies to the amalgamated or resulting company. Spectrum fees paid from AY 2017-18 are treated under section 35ABA.