2014 (1) TMI 879 - AT - Income Tax

Nature of Expenses Capital OR Revenue Software expenses incurred Held that - In assessee s own case it has been held that the software expenses incurred were in the nature of revenue expenditure - The CIT(Appeals) allowed the appeal filed by the assessee - No material has been brought on record or before us by the Revenue to show that the decision of the Tribunal is either modified or reversed by any higher Court Decided against Revenue. Software expenditure - Deduction u/s 80HHC Held that - The assessee has acquired the licence to use the software and the licence is valid only for one year, it may be useful to the assessee for various functions like sales, finance, logistics operations and use of ERP system and it may confer certain benefits to the assessee but it cannot be said that there is enduring benefit to the assessee The decision in CIT v. Raychem RPG Ltd. 2011 (7) TMI 953 - Bombay High Court followed - the expenses incurred by the assessee to acquire the software licence is of revenue expenses Decided against Revenue.

Summary

Issues Involved:
1. Classification of software expenses as revenue or capital for the assessment years 2007-08 and 2008-09.

Analysis:
1. Assessment Year 2007-08:
- The assessee, engaged in automotive controls, filed its return declaring income and claimed software expenses as revenue.
- The Assessing Officer treated the software expenses as capital expenditure.
- The ld. CIT(Appeals) allowed the appeal based on a previous Tribunal decision in the assessee's favor for the assessment year 2005-06.
- The Tribunal upheld the decision, stating that the software expenses were revenue expenditure, as there was no material to show otherwise.

2. Assessment Year 2008-09:
- The software expenses, except for the software license, were treated as revenue expenditure following the Tribunal's decision for the assessment year 2005-06.
- The software license expense was contested by the Assessing Officer, claiming it provided enduring benefits.
- The ld. CIT(Appeals) allowed the claim, considering it as revenue expenditure along with other expenses.
- The Revenue appealed to the Tribunal, arguing against the revenue treatment of the software license.
- The Tribunal referred to the Hon'ble Bombay High Court's decision in a similar case, where enduring benefit was a key factor in determining revenue vs. capital expenditure.
- Considering the one-year validity of the license and its functional utility for day-to-day operations, the Tribunal concluded that the software license expense was revenue expenditure.

3. Conclusion:
- Both appeals by the Revenue for the assessment years 2007-08 and 2008-09 were dismissed based on the Tribunal's findings regarding the nature of software expenses as revenue expenditure.
- The Tribunal's decisions were supported by previous case law and the specific circumstances of the expenses incurred by the assessee.
- The judgments emphasized the distinction between revenue and capital expenditure based on enduring benefits and functional utility in the business operations.