License fee for use of application software with limited right to use, is revenue expenditure u/s 37

Brief of the Case ITAT Delhi held In the case of GE Capital Business Process Management Serves Pvt. Ltd. vs. ACIT that M/s. GECC (USA), to whom payment has been made, itself has received the right to use the software internally including its group entities for its business and it does not have any right to commercially exploit the software. The assessee is vested with limited right to use the licensed program during the period of license agreement. The agreement nowhere provides any exclusive right to the assessee. Further right to use the vision plus software, being an application software wh...