Expenditure on payment of software – Revenue or Capital?

Advocate Akhilesh Kumar Sah

DCIT Vs Lovelock & Lewes ITAT (ITAT Kolkata)

Lovelock & Lewes  case: Expenditure incurred by the assessee on payment of software licence fees for applications software for the right to use the software for limited/particular period of time held to be revenue expenditure

In DCIT vs. Lovelock & Lewes ITAT, Kolkata [(I.T.A. Nos. 1020 & 1021/KOL/2017 A.Y.s: 2007-2008 & 2010-2011), decided on 08.03.2019], appeal of the Revenue for A.Y. 2010-2011 being ITA No. 1021/KOL/2017, was directed against the order of the CIT(Appeals)-6, Kolkata dated 14.02.2017. In which one of the issue raised by the Revenue in Ground No. 3 of its appeal for A.Y. 2010-11 related to the deletion by the CIT(A) of the addition made by the Assessing Officer(AO) in treating the expenditure incurred by the assessee on payment of software licence fees as capital expenditure.

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