Case Law Details
M/s ILink Multi tech Solutions Pvt. Ltd. Vs. DCIT (ITAT Chennai)
It is not in dispute that the assessee purchased MS Office software and used the same in its business. By purchasing MS Office software, the assessee has not become owner of the software. The ownership of MS Office software remained with Microsoft company. The assessee has to necessarily renew the license periodically for using the same in the business. Merely because the assessee is using MS Office software as operating software in its system, it does not mean that MS Office software is the capital asset in the hands of the assessee- company. All assets / license for use of software cannot be construed as capital asset merely because it gives an enduring benefit. By using MS Office software in the business of the assessee, the assessee gets enduring benefit in the course of earning of profit. So long as the assessee is a licensee, the ownership of MS Office software remains with Microsoft company. This Tribunal is of the considered opinion that the expenditure cannot be construed to be capital expenditure.
Assessing Officer is directed to allow the expenditure incurred by the assessee in acquiring license of MS Office software as revenue expenditure while computing the taxable income.
FULL TEXT OF THE ITAT ORDER IS AS FOLLOWS:-
All the appeals of the assessee are directed against the respective orders of the Commissioner of Income Tax (Appeals) -6, Chennai, dated 26.04.2017 and pertain to assessment years 2012- 13, 2013- 14 and 2014- 15. Since common issue arises for consideration in all these appeals, we heard these appeals together and disposing of the same by this common order.
Please become a Premium member. If you are already a Premium member, login here to access the full content.
