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)

----------- Similar Posts: -----------
Share

Recent Posts

  • Income Tax

Addition u/s 40A(3) for cash payment to labourers for loading charges deleted

Addition u/s 40A(3) for cash payment to labour for loading charges deleted by ITAT In a recent judgment, the ITAT…

7 hours ago
  • Income Tax

Addition u/s 68 deleted as AO failed to find any discrepancy in details submitted

Addition u/s 68 deleted as AO failed to find any discrepancy in details of creditors submitted by the assessee In…

12 hours ago
  • Empanelment

Jharkhand Rajya Gramin Bank-Empanelment of retired officers as Concurrent auditors

Jharkhand Rajya Gramin Bank - Empanelment of retired officers of banks as Concurrent auditors on contract basis Jharkhand Rajya Gramin…

13 hours ago
  • Income Tax

Book Profit u/s 115JB can not be computed as per cash basis of accounting

Book Profit u/s 115JB to be computed as per Profit & Loss Account prepared under Schedule III of the Companies…

15 hours ago
  • Income Tax

Order not in conformity of Faceless Assessment Scheme if not est? – ITAT remands case

Order not in conformity of Faceless Assessment Scheme 2019 if not est? - ITAT remands the case in view of…

2 days ago
  • FCRA

Extension of the validity of FCRA registration certificates till 30.09.2024

Extension of the validity of FCRA registration certificates till 30.09.2024 Home Ministry has decided to extend the validity of FCRA…

2 days ago