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2019 (6) TMI 1000 - HC - Income TaxNature of expenditure - expenditure incurred towards software installed in their computer system - revenue or capital expenditure - CIT(A) held that the assessee acquired only a right to use the software (CTCL), that the software renewal expenditure was incurred every year based on the number of licenses used and that the intellectual property rights of the software were held by the software vendor (FTIL) confirmed by ITAT - HELD THAT:- In the case on hand, we test the correctness of the order passed by the Tribunal confirming the order passed by the CIT(A), who examined the terms and conditions of the license and on facts, recorded a finding that the assessee acquired only a right to use the software and that there was no enduring benefit acquired by the assessee on account of the license promoted by them on payment of annual fee. Thus, in our considered opinion, no substantial question of law arises for consideration in this appeal. - Decided against revenue
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