Skip to main content
Indian Kanoon - Search engine for Indian Law
Document Fragment View
Matching Fragments
9. On being questioned by the AO during the assessment
proceedings, the assessee submitted that it procured software packages
for its business use. The licences for the use of such software were for
limited periods and thereafter required payment of renewal fees. Hence,
upon payment of the licence fees, it secured only a limited right to use
the software without acquiring the source code, title, or ownership. The
assessee further claimed that it was prohibited from modifying,
duplicating, decompiling, or disassembling the impugned software and
reiterated that it was only allowed to use such software for its business
ITA Nos.290 - 294/Bang/2025
in a limited manner. Hence, the same were only application software
license for limited period up to 2 years. The assessee to substantiate
furnished supporting documents vide annexure 21, through its reply
dated 16th February 2021 which included copy of purchase order, copy
of invoice and a table showing the breakup, description of software and
period or duration of software license. Accordingly, the assessee claimed
that the payment made for securing licences of such software cannot be
classified as a capital asset and is therefore allowable as revenue
expenditure. In support of its contention, the assessee placed reliance
on the judgment of the Hon'ble jurisdictional High Court of Karnataka in
the case of CIT vs. Toyota Kirloskar Motor Pvt. Ltd., reported in 349 ITR
65, and in the case of CIT vs. IBM India Limited, reported in 357 ITR 88.
9.1 Without prejudice to the above, the assessee also submitted that
in case the expenditures incurred on impugned application of software
were not allowed as revenue expenditure, the depreciation should be
allowed at the rate of 60% considering the same as "computer including
computer software. In contending so, the assessee placed reliance on
the decision of this tribunal in case of assessee's holding company
namely Infosys Ltd. pertaining to A.Y. 2005-06 and placed reliance on
numerous other decisions of Delhi and Mumbai Tribunal in case of
different assessee.
18. We have heard the rival contentions of both the parties and
perused the materials available on record. The issue before us relates to
the allowability of software licence expenditure claimed as revenue
expenditure and the correctness of the action of the learned CIT(A) in
remanding the matter to the file of the Assessing Officer for fresh
adjudication
18.1 From the records, it is evident that the assessee incurred
expenditure towards application software licences which were used in
the regular course of its business. The licences were for limited periods,
mostly up to two years, and required renewal thereafter. The assessee
ITA Nos.290 - 294/Bang/2025
did not acquire ownership, source code, or any proprietary rights in the
software. It was merely granted a restricted right to use the software,
without any right to modify, duplicate, or transfer the same. The
supporting documents such as purchase orders, invoices, and detailed
break up of software with licence period were furnished before the
Assessing Officer during the assessment proceedings. These facts clearly
show that the expenditure was incurred to facilitate efficient conduct of
business and did not result in creation of any enduring asset in the
capital field.