2021 (12) TMI 102

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....t Year 2014-15. 2. The relevant facts as culled from the material on records are as under : 3. Assessee is a wholly owned subsidiary of BT Telecom India Private Ltd. and is stated to be engaged in the business of providing network connectivity services. Assessee is also stated to have obtained International Long Distance, National Long Distance and Internet Service Provider license from the Department of Telecommunication. Assessee filed return of income for A.Y. 2014-15 on 28.11.2014 declaring total income of Rs. 55,42,04,040/-. The case was selected for scrutiny and thereafter assessment was framed u/s 143(3) r.w.s 144C(13) of the Act vide order dated 26.09.2018 and the total income was determined at Rs. 1,07,05,94,010/-. Aggrieved ....

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....ent and without prejudice to each other. The Appellant craves leave to supplement, to cancel, to amend, to add and/or otherwise to alter/ modify any or all the ground(s) of appeal stated herein above on or before its hearing before your honor." 4. Before us, at the outset, Learned AR submitted that Ground No.1 is general and needs no adjudication. Ground No.4 is consequential in nature therefore same does not require adjudication. Ground No.5 is pre-mature and Ground No.3 would be become academic if the Ground No.2 is decided in assessee's favour. We thus proceed with Ground No.2 :- 5. During the course of assessment proceedings, AO noticed that assessee debited Rs. 51,63,89,972/- on account of payment of annual license fe....

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....venue has filed SLP on identical issue in the case of Bharti Hexacom Ltd. (supra) & Vodafone Mobile Services Ltd. (supra). Learned AR therefore submitted that in the absence of any change in facts in the year under consideration and that of earlier years, no disallowance is warranted only for the reason that SLP has been filed. He therefore submitted that addition be deleted. 7. Learned DR on the other hand did not controvert the submissions made by Learned AR but however supported the order of lower authorities. 8. We have heard the rival submissions and perused the materials available on record. The issue in the present ground is with respect to the disallowance of license fee paid by the assessee. It is an undisputed fact that agre....