Read the full judgment text of CACV 500/2020 on BabelCite. This Court of Appeal judgment was delivered on 3 November 2022.
1. This appeal brought by China Mobile Hong Kong Company Limited (“ the Taxpayer ”) raised the question whether the spectrum utilization fees paid upfront and in a lump sum (“ Upfront SUFs ”) by the Taxpayer to the Telecommunications Authority (“ the TA ”) are revenue in nature and thus allowed for deduction under section 16(1) [1] of the Inland Revenue Ordinance, Cap 112 (“ the IRO ”), or capital in nature and not deductible by reason of section 17(1)(c) [2] of the IRO.
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