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COURT:
CORAM:
SECTION(S):
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COUNSEL:
DATE: (Date of pronouncement)
DATE: November 5, 2010 (Date of publication)
AY:
FILE: Click here to view full post with file download link
CITATION:

The AO cannot reopen the assessment u/s 147 merely on the basis of information received without applying his mind to the information and forming an opinion. The reasons must show due application of mind to the information. He also cannot reopen merely because he has been directed to do so by a superior officer

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COURT:
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DATE: (Date of pronouncement)
DATE: November 1, 2010 (Date of publication)
AY:
FILE: Click here to view full post with file download link
CITATION:

ITAT President requested to make it compulsory for assessees to amend Form 36 for change of address instead of intimating vide letter

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COURT:
CORAM:
SECTION(S):
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COUNSEL:
DATE: (Date of pronouncement)
DATE: October 31, 2010 (Date of publication)
AY:
FILE: Click here to view full post with file download link
CITATION:

Appointment of Vice President of the ITAT is by merit-based selection and not seniority. No reservation for OBC

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COURT:
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DATE: (Date of pronouncement)
DATE: October 29, 2010 (Date of publication)
AY:
FILE: Click here to view full post with file download link
CITATION:

Difference between Operating Lease, Finance Lease & Hire-Purchase explained

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COURT:
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DATE: (Date of pronouncement)
DATE: October 28, 2010 (Date of publication)
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FILE: Click here to view full post with file download link
CITATION:

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

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COURT:
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COUNSEL:
DATE: (Date of pronouncement)
DATE: October 22, 2010 (Date of publication)
AY:
FILE: Click here to view full post with file download link
CITATION:

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

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COURT:
CORAM:
SECTION(S):
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COUNSEL:
DATE: (Date of pronouncement)
DATE: October 20, 2010 (Date of publication)
AY:
FILE: Click here to view full post with file download link
CITATION:

Q whether notional interest on interest-free security deposit is includible in ‘house property’ income referred to Full Bench

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COURT:
CORAM:
SECTION(S):
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CATCH WORDS:
COUNSEL:
DATE: (Date of pronouncement)
DATE: October 13, 2010 (Date of publication)
AY:
FILE: Click here to view full post with file download link
CITATION:

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

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COURT:
CORAM:
SECTION(S):
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COUNSEL:
DATE: (Date of pronouncement)
DATE: October 12, 2010 (Date of publication)
AY:
FILE: Click here to view full post with file download link
CITATION:

Non-residents are not liable to pay interest u/s 234B. S. 234D applies from AY 2004-05 and is not retrospective

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COURT:
CORAM:
SECTION(S):
GENRE:
CATCH WORDS:
COUNSEL:
DATE: (Date of pronouncement)
DATE: October 12, 2010 (Date of publication)
AY:
FILE: Click here to view full post with file download link
CITATION:

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

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