Income-tax (24th Amendment) Rules, 2016 - Expenditure for obtaining right to use spectrum for telecommunication services. - 89/2016 - Income Tax Act, 1961
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Definition of payment actually made for spectrum fees governs timing of deduction and recomputation after termination. Definition of payment has actually been made for spectrum expenditure: an upfront payment qualifies as payment made irrespective of the previous year in which liability arose under the assessee's accounting method; where deferred payment is allowed, the amount treated as payment made is that which would have been payable on an upfront basis irrespective of the previous year. If deferred payment scheme conditions are breached and the Department of Telecommunications terminates the allotment, the Assessing Officer shall recompute income by deeming the total amount paid up to termination as payment made and the spectrum to have been in force until termination for determining the relevant previous year.
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.
Definition of payment actually made for spectrum fees governs timing of deduction and recomputation after termination.
Definition of payment has actually been made for spectrum expenditure: an upfront payment qualifies as payment made irrespective of the previous year in which liability arose under the assessee's accounting method; where deferred payment is allowed, the amount treated as payment made is that which would have been payable on an upfront basis irrespective of the previous year. If deferred payment scheme conditions are breached and the Department of Telecommunications terminates the allotment, the Assessing Officer shall recompute income by deeming the total amount paid up to termination as payment made and the spectrum to have been in force until termination for determining the relevant previous year.
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