Month: October 2010

Archive for October, 2010


Sunil Kumar Yadav vs. UOI & B. R. Mittal vs. UOI (CAT Delhi Bench)

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DATE: (Date of pronouncement)
DATE: October 31, 2010 (Date of publication)
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Appointment of Vice President of the ITAT is by merit-based selection and not seniority. No reservation for OBC

Posted in All Judgements, Others, Tribunal

Association of Leasing & Financial Service Companies vs. UOI (Supreme Court)

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DATE: (Date of pronouncement)
DATE: October 29, 2010 (Date of publication)
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Difference between Operating Lease, Finance Lease & Hire-Purchase explained

Posted in All Judgements, Supreme Court

Microsoft Corporation vs. ADIT (ITAT Delhi)

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DATE: (Date of pronouncement)
DATE: October 28, 2010 (Date of publication)
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The income received for supply of software is assessable as “royalty” under s. 9(1)(vi) as a copyright subsists in a computer programme and it is also a literary as also a scientific work. A computer programme is also a patent, invention or process. As end-users have made payment for transfer of rights (including the granting of a license) in respect of copyright, patent, invention, process, literary or scientific work, the payment would be in the nature of royalty

Posted in All Judgements, Tribunal

Brij Lal vs. CIT (Supreme Court – 5 Judge Bench)

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DATE: (Date of pronouncement)
DATE: October 22, 2010 (Date of publication)
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While interest u/ss 234A to 234C are applicable to settlement commission proceedings, it is payable only up to the s. 245D(1) order and cannot be levied u/s 154

Posted in All Judgements, Supreme Court

CIT vs. Moni Kumar Subba (Delhi High Court)

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DATE: (Date of pronouncement)
DATE: October 20, 2010 (Date of publication)
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Q whether notional interest on interest-free security deposit is includible in ‘house property’ income referred to Full Bench

Posted in All Judgements, High Court

CIT vs. Jet Airways (I) Ltd (Bombay High Court)

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DATE: (Date of pronouncement)
DATE: October 13, 2010 (Date of publication)
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The words “and also” in s. 147 indicate that reassessment must be with respect to the income for which the AO has formed an opinion and also in respect of any other income which comes to his notice subsequently. However, if the AO accepts the objection of the assessee and does not assess the income which was the basis of the notice, it is not open to him to assessee income under some other issue independently

Posted in All Judgements, High Court

DIT vs. Jacabs Civil Incorporated (Delhi High Court)

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DATE: (Date of pronouncement)
DATE: October 12, 2010 (Date of publication)
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Non-residents are not liable to pay interest u/s 234B. S. 234D applies from AY 2004-05 and is not retrospective

Posted in All Judgements, High Court

CIT vs. Bajaj Hindustan (Bombay High Court)

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DATE: (Date of pronouncement)
DATE: October 12, 2010 (Date of publication)
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In answer to the question raised by the department as whether interest u/s 234D can be charged in respect of refunds granted prior to 1.6.2003 it was held that as s. 234D came on the statute w.e.f. 1.6.2003, it did not have retrospective effect

Posted in All Judgements, High Court

Central Bank of India vs. DCIT (ITAT Mumbai)

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DATE: (Date of pronouncement)
DATE: October 12, 2010 (Date of publication)
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Article 26(3) of the India-USA DTAA protects the interest of non residents vis-a-vis residents. Article 26(3) provides that payment made to a non-resident will be deductible under the same conditions as if the payment were made to a resident. The exceptions provided in Article 26(3) are not applicable on facts. As per s. 40(a)(i), no disallowance can be made in respect of payments to residents on the ground of non-deduction of tax at source. Therefore, in view of Article 26(3), no disallowance can be made even in case of payments to non-residents even if the amount is found taxable in India in their hands. Herbal Life International 101 ITD 450(Del) followed

Posted in All Judgements, Tribunal

Mittal Court Premises Co-op Society vs. ITO (Bombay High Court)

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DATE: (Date of pronouncement)
DATE: October 11, 2010 (Date of publication)
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Though the judgement in Mittal Court Premises Co-op Society vs. ITO is reported in 320 ITR 414, the said last paragraph has been omitted to be printed therein

Posted in All Judgements, High Court
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