Nature of expenses - annual licence fee - Capital or revenue in ...

Annual License Fee Denied as Revenue Expense; Lacks Proof of Recurrence and Non-Enduring Benefit for Tax Deduction.

December 6, 2023

Case Laws     Income Tax     AT

Nature of expenses - annual licence fee - Capital or revenue in nature - It was the primary duty of the assessee to establish whether the expenditure incurred was not enduring benefit and it was recurring expenditure with credible evidence. But the assessee has failed to do so by merely submitting the copy of agreements, TDS certificate and benefit received. The assessee is also not eligible for claim of deduction u/s. 35(1)(iv) of the Act since it has not fulfilled the conditions as specified in the section. - Not allowed as Revenue expenditure - However, depreciation to be allowed - AT

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