Income Tax

Expenditure for obtaining right to use spectrum for telecommunication services. Allowability-actual or as per accounting method

Expenditure for obtaining right to use spectrum for telecommunication services. Allowability of upfront fee paid or deferred on actual payment basis or as per accounting method employed.

GOVERNMENT  OF INDIA
MINISTRY  OF FINANCE
(DEPARTMENT  OF REVENUE)
(CENTRAL BOARD OF DIRECT TAXES)

Notification No. 89/2016

New Delhi, the 4th October, 2016

INCOME -TAX

S.O. 3145(E).- In exercise of the powers conferred by clause (iii) of Explanation to section 35ABA and section 295 of the Income-tax Act, 1961 (43 of 1961), the Central Board of Direct Taxes, hereby, makes the following rules further to amend the Income- tax Rules, 1962, namely:-

(1) These rules may be called the Income-tax (24th Amendment) Rules, 2016.

(2) They shall come into force on the ate of their publication in the Official Gazette.

2. In the Income-tax  Rules, 1962, after rule  6, the  following rule  shall  be inserted, namely:-

6A.Expenditure for obtaining right to use spectrum for telecommunication services.- (1) For the purpose of section 35ABA, the term “payment has actually been made” shall mean,-

(a) where an assessee has opted and been allowed by the Department of Telecommunications, Government of India to make full upfront payment of spectrum fee, the actual payment of expenditure irrespective of the previous year in which the liability for the expenditure was incurred according to the method of accounting regularly employed by the assessee;

(b) where an assessee has opted and been allowed by the Department of Telecommunications, Government   of   India to make deferred payment, the amount which would have been payable by the assessee had he opted for full upfront payment of spectrum fee irrespective of the previous year in which the liability for the expenditure was incurred according to the method  of accounting regularly employed by the assessee.

2. In case of deferred payment referred to in clause (b) of sub-rule (1), where there is failure by the assessee to comply with an y of the conditions specified by the scheme of the Department of Telecommunications, Government of India and Department of Telecommunications terminates the allotment or assignment of spectrum, the Assessing officer shall, in exercise of power vested in him under sub-section (3) of section 35ABA shall re-compute the total income of the assessee for the previous year in which the deduction has been claimed and granted to him by deeming that,-

(i) the total amount of spectrum fee paid up to the date of termination is the amount of “payment actually been made”;

(ii) the spectrum was in force up to the date of its termination for the purpose of computing “relevant previous year”;’.

[Notification No. 89 /2016, F.No.370142/14/2016 -TPL]

(PITAMBAR DAS)
DIRECTOR (TAX POLICY AND LEGISLATION)

Share

Recent Posts

  • Income Tax

Appeal withdrawn against rejection u/s 12AB as assessee was availing benefit u/s 10(23C)(iiiad)

ITAT allows withdrawal of appeal against rejection of registration u/s 12AB as assessee had been availing benefit of blanket exemption…

23 hours ago
  • Income Tax

When delay not mala fide, right of hearing on merit not to be rejected – ITAT

When explanation for delay does not smack of mala fide, right of hearing of appeal on merit ought not to…

1 day ago
  • Income Tax

Exemption u/s 54 allowed despite failure to deposit in Capital Gains Accounts Scheme

ITAT allows exemption u/s 54 allowed despite failure to deposit the amount in Capital Gains Accounts Scheme and new asset…

2 days ago
  • Income Tax

No addition to be made in hands of assessee solely on basis of uncorroborated loose-sheet

Addition cannot be made in the hands of the assessee solely on the basis of uncorroborated loose-sheet - ITAT In…

2 days ago
  • Income Tax

Claim of Leave Encashment exemption u/s 10(10AA)(ii) dismissed beyond Rs. 3 lakhs

ITAT dismisses claim of Leave Encashment exemption u/s 10(10AA)(ii) beyond Rs. 3 lakhs In a recent judgment, ITAT Ahmedabad has…

2 days ago
  • Income Tax

AO took a reasonable stand that 25 kg written in WhatsApp chat was 25 lakh – ITAT

Assessing Officer had taken a reasonable stand that 25 kg written in WhatsApp chat/text message was 25 lakh - ITAT…

3 days ago