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2018 (9) TMI 220 - CALCUTTA HIGH COURTExpenditures incurred by the assessee towards procuring license for software and routine maintenance - capital expenditure or revenue expenditure - Held that:- In this appeal the actual agreement between the assessee and supplier of software packages is not before us. The Tribunal, however, opined that the expenditure incurred towards procuring license of software could not create new assets. The expression ‘license’ itself denotes transfer of limited use to the acquirer thereof and there is no contrary evidence which could demonstrate that title of the software had been transferred or shifted to the assessee. The Tribunal, came to finding of fact while holding that expenditure incurred towards routine maintenance and procuring license of software could not be treated as capital assets. There is no perversity involved in such finding. No substantial question of law involved in this appeal.
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