2016 (5) TMI 100 - AT - Income Tax

Addition on account of software purchase - CIT(A) deleted the addition - Held that - As find from the findings of the learned Commissioner of Income-tax (Appeals) that from the details and copies of purchase invoices and sales of software invoices it was evident that software was purchased and subsequently sold to customer and was not used by the assessee have not been controverted by the Department. We accordingly confirm the order of the Commissioner of Income-tax (Appeals) on this issue. - Decided against revenue Addition on account of sales and maintenance of software - CIT(A) deleted the addition - Held that - The assessee is following the mercantile system of accounting and as per the accounting standard 9 the net effect of the accounting treatment was for only that part of the annual maintenance contract receipt was taken into consideration which pertained to the year under consideration. This method has consistently been followed by the assessee. We therefore do not find any reason to interfere with the order of the learned Commissioner of Income-tax (Appeals). Ground fails against revenue

Summary

Issues:
1. Disallowance of software purchase amount as capital expenses.
2. Disallowance of provision for sale and maintenance of software.

Analysis:

Issue 1: Disallowance of software purchase amount as capital expenses
The Revenue appealed against the Commissioner of Income-tax (Appeals)'s decision to delete the addition of Rs. 3,30,195 on account of software purchase. The Assessing Officer treated a sum of Rs. 8,25,488 as capital expenses, disallowing Rs. 3,30,195 for lack of correlation between software purchase and sale. The Commissioner of Income-tax (Appeals) accepted the assessee's explanation that the software purchased was sold to customers and not used internally. The ITAT confirmed the Commissioner's order, noting the absence of any rebuttal from the Department, thereby upholding the deletion of the disallowance.

Issue 2: Disallowance of provision for sale and maintenance of software
The second ground of appeal involved the disallowance of Rs. 33,61,059 as provision for sale and maintenance of software. The Assessing Officer rejected the claim, stating it was not an ascertained liability. The assessee argued that the provision represented unexecuted portions of annual maintenance contracts received in advance, following the mercantile system of accounting. Citing accounting standard "AS-9" and a relevant court decision, the Commissioner of Income-tax (Appeals) allowed the claim, emphasizing the consistent accounting treatment by the assessee. The ITAT upheld this decision, highlighting the adherence to the mercantile accounting system and the potential for double taxation if the method was altered, ultimately dismissing the Departmental appeal.

In conclusion, the ITAT dismissed the Departmental appeal, affirming the Commissioner of Income-tax (Appeals)'s orders regarding both the disallowance of software purchase amount and the provision for sale and maintenance of software. The judgment emphasized the importance of consistent accounting practices and adherence to relevant accounting standards in determining taxable income.