TAX CONSULTANT
109 Points
Joined December 2009
As mention clearly in question that, it is fee for renewal, that means there is no assets acquired/created because it is covered under "End User Licence Agreement (EULA)" and it is just expenditure.
Explanation of EULA with reference to Madras High Court ruling in Case of "Infotech Software Dealers Association vs. UOI".
The term of EULA indicated that the dominant intention of parties whereby the developer retained the copyright of each software, be it canned packaged or customized, and only the right to use with copyright protection was transferred to the subscribers or the members. The High court opined that in the transactions taking place between the members of ISODA with the customers, the software is not sold as such, but only the contents of data stored in software are sold which would only amount to service and not sale.
Therefore it should be treated as expenditure and not as capital expenditure.
Further, As per AS10-Accounting for Fixed Assets 'Whenever any expenditure is incurred, which improve performance of assets, beyond standard should be capitalized, such value should be material.
As no asset was acquired/created earlier therefore is no question of improvement of assets and that is revenue expenditure.
The view express by Mr. shanky pahoja is correct as per Explanation 4 of section 9 of Income Tax Act, 1961 (w.e.f. Finance Act 2012).
Accounting Entry.
Software Renewable Fee A/c Dr. XXX
To, Cash/Party A/c XXX