ACIT v. Loop Telcom Ltd. (2020) 189 DTR 46 / 205 TTJ 27 (Mum.)(Trib.)

S. 28(i) : Business loss – Losses incurred on surrender of NLD licence – Allowable as business loss [ S. 35ABB(2) , 37 (1) ]

Dismissing the appeal of the revenue the Tribunal held that the  Assessee was engaged in business of providing telecom services and losses incurred on account of surrender of NLD license would be in normal course of business .  The  assessee has not claimed any depreciation on intangible assets in return of income  therefore the assessee is eligible to claim write-off as normal business loss considering the . provisions of section 35ABB(2) read with CBDT Circular No. 763 dt.  18/02/1998.  (AY . 2011-12)