2011 (11) TMI 4 - HC - Income Tax

Expenditure on software purchases treated as revenue; leasehold improvements held as allowable repairs under section 30

HC held that expenditure on purchase of software applications was to be treated in favour of the assessee (not disallowed as capital), following ... Purchase of Software application - MS Office Software, Anti Virus software, Lotus Notes Software and Message Exchange applications - capital expenditure Or revenue expenditure - Held that:- The issue is covered in favor of assessee in CIT Vs. M/s Asahi India Safety Glass Ltd. [2011 (11) TMI 2 - DELHI HIGH COURT]. Expenditure on improvement of leasehold premises - repairs of the premises - Current repairs - u/s 30 - Held that:- in ascertaining whether an expenditure incurred is made on revenue account or otherwise one would have to bear in mind the nature of the expenditure, that is, was it incurred for maintenance or preservation of an asset or was it expended otherwise. - In view of the decision in CIT Vs. Hi Line Pens Pvt. Ltd. [2008 (9) TMI 25 - HIGH COURT DELHI] expenditure incurred improvement of leasehold premises allowed. Issues:1. Treatment of expenditure on purchase of software applications2. Treatment of expenditure on improvements in leasehold premisesAnalysis:1. The first issue in this case involves the treatment of expenditure incurred by the assessee on the purchase of software applications, including MS Office Software, Anti Virus software, Lotus Notes Software, and Message Exchange applications. The Assessing Officer disallowed the expenditure as one incurred on capital account, allowing depreciation at 25%. The CIT(A) sustained the order but allowed depreciation at 60%, leading to cross appeals by both the assessee and the revenue. The Tribunal later directed the A.O. to follow a Special Bench decision regarding this issue, ultimately allowing the appeal of the assessee.2. The second issue pertains to the treatment of expenses incurred by the assessee on improvements in leasehold premises in Delhi, Mumbai, and Kolkata. The expenses included various items like flooring, partition, wiring, false ceiling, roofing, air-conditioning unit, and furniture. Both the Assessing Officer and CIT(A) disallowed these expenses as capital expenditures. However, the Tribunal allowed the entire expenditure on improvements except for those related to air-conditioning units and furniture. The revenue challenged this decision, leading to the present appeals.3. Regarding the first issue, a previous judgment by the same court in a different case was cited, where it was decided against the revenue. For the second issue, the court referred to judgments in other cases, such as CIT Vs. Hi Line Pens Pvt. Ltd and CIT Vs. Escorts Finance Ltd. These cases discussed the nature of expenses incurred on improvements of leasehold premises, emphasizing the distinction between revenue and capital expenditures. The court concluded that the revenue's appeal on the second issue must also be rejected based on the principles established in the aforementioned judgments.4. Ultimately, the court dismissed the appeals, upholding the decisions made by the Tribunal. The parties were left to bear their own costs, concluding the legal proceedings on the issues at hand.