COMMISSIONER OF INCOME TAX Vs. EVERGROWTH TELECOM LTD

JUDGEMENT

(1.) This appeal by the Revenue under s. 260A of the IT Act ("the Act") challenges the order dt. 9th Sept., 2009 of the Tribunal relating to the asst. yr. 1998-99. Being aggrieved by the order dt. 9th Sept., 2009, the Revenue has formulated the following questions of law for the consideration of this Court:

(2.) The respondent was appointed as an operator by M/s. J.T. Mobiles Ltd. for providing cellular mobile service in Punjab Circle after M/s. J.T. Mobiles Ltd. received a telecoms license for 10 years from the Government of India to provide cellular mobile service. In its return of income filed for asst. yr. 1998-99 the respondent had declared a loss of Rs. 151 crores. The aforesaid loss was declared inter alia after claiming the following deduction as expenditure:

(3.) Regarding question (A):