CIT v. Bharti Hexacom Ltd. (2024) 299 Taxman 89/466 ITR 387/ 338 CTR 873 (SC) Editorial : CIT v. Bharti Hexacom Ltd(2023) 155 taxmann.com 322/ 458 ITR 593 /335 CTR 1(SC)

S. 220 : Collection and recovery-Assessee deemed in default-Waiver of interest-Payment of licence fees-Capital or revenue-Judgement dated 16-10-2023-Telecom Policy commenced in the year 1999, payment of interest for period for which tax demand was now to be met in respect of those cases was to be waived. [S. 35ABB, 37(1), Art. 136]

Supreme Court by order dated 16-10-2023 in CIT v. Bharti Hexacom Ltd. [2023] 155 taxmann.com 322/ 458 ITR 593 (SC), overruled Delhi High Court’s ruling and held that payment of license fee to DoT under Telecom Policy, 1999 was capital in nature. It was submitted that a heavy burden would now be on assessees as from assessment year 2000-2001 onwards tax demand would have to be recomputed and met. Therefore, assessees sought for waiver of interest for said period. Revenue however, objected to this submission by contending that since now tax demand would have to be met by assessees, it was logical that interest on said demand would also have to be paid. Allowing the application of the petitioner the Court held that  since judgment of Supreme Court was dated 16-10-2023, having regard to Telecom Policy, which commenced from year 1999, payment of interest for period for which tax demand was now to be met in respect of these cases was to be waived. Court also clarified that  this order having been passed in peculiar facts of this case shall not be a precedent in any other case.(AY. 1999-2000 to 2007-08)