ARTICLE · 28 NOVEMBER 2023

BSC Beacon OCT 23 Newsletter

Bhuta Shah and Co. LLP

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In the year 1999, the National Telecom Policy, 1999 (new policy) substituted the National Telecom Policy of 1994 (old policy).

IndiaTax

Bhuta Shah Co & LLP

A. Corporate Taxes

1. Supreme Court¹: Holds that variable license fees paid by telecommunication companies is capital expenditure and should be amortised over the life of the license.

Background

In the year 1999, the National Telecom Policy, 1999 (new policy) substituted the National Telecom Policy of 1994 (old policy). Some of the key features of the new policy were:

The telecom operator licensee is required to pay to the Department of Communication (DoT), a one-time entry fee and additionally, a licence fee on a percentage share of gross revenue (adjusted gross revenue – AGR).
The entry fee (one-time fee) chargeable was payable by the existing operator up to 31 July 1999, calculated up to the said date and adjusted upon notional extension of the effective date.

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