LAWS(SC)-2023-10-44

C.I.T., DELHI Vs. BHARTI HEXACOM LTD

Decided On October 16, 2023
C.I.T., DELHI Appellant
V/S
Bharti Hexacom Ltd Respondents

JUDGEMENT

(1.) Delay condoned.

(2.) Leave granted.

(3.) The judgment of the Division Bench of the High Court of Delhi, dtd. 19/12/2013 in ITA No. 1336 of 2010 and connected matters, whereby the High Court of Delhi, confirming the decision of the Income Tax Appellate Tribunal, New Delhi (hereinafter, "Tribunal" for short) has held that the variable licence fee paid by the respondents-assessees under the New Telecom Policy, 1999 ((hereinafter referred to as "Policy of 1999" for the sake of convenience), is revenue expenditure in nature and is to be deducted under Sec. 37 of the Income Tax Act, 1961 (hereinafter referred to as "the Act" for the sake of brevity) is assailed in these appeals. Some of these appeals also arise from judgments passed by the High Courts of Bombay and Karnataka, following the judgment of the Division Bench of the High Court of Delhi, dtd. 19/12/2013.