INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI STATEMENT SHOWING THE LIST OF SPECIAL BENCH CASES PENDING AS ON 16.09.2013.

INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI STATEMENT SHOWING THE LIST OF SPECIAL BENCH CASES PENDING AS ON 16.09.2013. Sr. Appeal No. Name of the To whom assigned the Points involved Remark No Assessee Special Bench MUMBAI BENCHES 1. ITA No. 5568 & DHL Operations 1. Hon'ble Vice- "Whether, or not, on the facts and in Fixed on 5569/M/1995 & B.V. Netherlands President the circumstances of the case and on a 17.10.13 6448/M/1994 2. ( MZ) proper interpretation of Art. 5.5 and A.Y. 1991-92 to 1993- 3. Shri. P.M.Jagtap, Art. 5.6 of the DTA (with Netherlands) 94 A.M. and having regard to its activities, it Shri.B.Ramakotaiah, can be said that Airfreight Ltd. was the A.M. agent of the assessee so that it can be held that the assessee had a PE in India? And if the answer is in the affirmative, whether or not the income from inbound shipments can be treated as attributable to the PE?" 2. ITA 5996/M/93 GTC Industries Ltd. 1. Vice President(MZ) Fixed on ITA 1055/M/94 2. Shri R.S.Syal,AM. 21.10.13 ITA 1056/M/94 3. Shri B. Ramakotaiah,A.M. 1 DELHI BENCHES 1. ITA No. M/s C.L.C. & Sons 1. Hon'ble President, "Whether, on the facts and Fixed after 1976/Del/2006 Pvt. Ltd. I.T.A.T. circumstances of the case, assessee is the disposal 2. Hon'ble Vice- entitled to claim depreciation on the of Hon'ble President (Zonal) value of all intangible assets falling in High Court 3. Shri. Rajpal Yadav, the category of "any other business or in the case of JM. commercial rights", without coherence CLC Global of such rights with the distinct genusis/ Ltd. which is category if intangible assets like know pending how, patents, copyrights, trade marks, before licences and franchises as defined U/s Hon'ble High 32(1) (II) of the I.T. Act." Court. 2. ITA No. 1999 & M/s National 1. Shri.G.D.Agarwal,VP "Whether on the facts and Blocked for 6th 2000/Del/2008 Agricultural Co-op. (DZ). circumstances of the case, where claim Months Mkt. Federation of 2. Shri.Rajpal Yadav, of damages and interest thereon is India, New Delhi 3. J.M. deputed by the assessee in the court of Shri.I.C.Sudhir, JM law, deduction can be allowed for the interest claimed on such damages while computing business income." 3. ITA M/s Suraj 1. Shri U.B.S Bedi, J.M. "Whether on the facts and in the Fixed on No.3827/Del/2009 Oversease(Pvt.)Ltd. 2. Shri S.V.Meharotra, circumstances of the case, the 09/10/2013 A.Y.2006-07 A.M. Commissioner of Income Tax(Appeals) 3. Shri D.K.Srivastavair, erred in Law in holding that profit J.M. aggregating to Rs. 2,51,50,313/-earned by the appellant from sale of shares and securities held under discretionary portfolio management scheme was assessable under the head `business income', as opposed to capital gains returned by the appellant?" 4. ITA No. Shri Tejinder singh 1. Vice President, (DZ) "Whether on the facts and Blocked for 06 163/ASR/2003 (HUF) 2. Shri S.V.Mehrotra, circumstances of the case, months A.Y.1998-99 A.M. consideration claimed to have been 3. Shri R.P. Tolani,J.M. received on account of sale of jewellery 4. Shri B.C.Meena, A.M. etc. relating to the disclosures made 2 5. Shri R.P.Yadav, J.M. under VDI Scheme, 1997, can be considered to be the income of the assessee from undisclosed sources under any of the provisions of Income- tax Act, 1961?" KOLKATTA BENCHES 1. ITA Nos.1548 & M/s. 1. Hon'ble President, 1. "Whether, on the facts and in the Adjourned 1549/Kol/2009 Instrumentarium I.T.A.T. circumstances of the case, no arm's length Sine-die. A.Y.2003-04 & 2004- Corporation Ltd. 2. Hon'ble V.P. (KZ) rate of interest was required to be charged 05 3. Shri Mahavir Singh, on the loan granted by the non-resident J.M. assessee-company to its wholly owned subsidiary Indian company M/s Datex Ohmeda(Indian) Pvt. Ltd.(Datex)?" 2. "Whether, in the given facts and circumstances of the case, CBDT Circular No. 14 of 2001 [252 ITR (St.) 104] and Taxation Ruling TR 2007/1 issued by Australian Taxation Office are relevant in the context of Transfer Pricing Regulations of India, in particular to the case of the assessee? 3. "Whether, setting off of loss with future profits and not assessing the interest income in the hands of the assessee on arm's length price will cause real loss to the Govt. exchequer?" CHENNAI BENCHES 1. Int. T.A. 101 & M/s Bharat 1. Hon'ble Vice- "Whether, the amount collected from Adjourned 161/Mds/2003 Overseas Bank Ltd., President (CZ) the borrowers to meet the interest tax Sine die A.Y. 1999-2000 Chennai 2. Shri. N.S.Saini,A.M. liability could be taxed as interest A.Y.2000-2001 3. Smt.P.Madhavidevi, under the Interest-Tax Act, 1974?" J.M. 3 AHMEDABAD BENCHES 1. ITA 2170/Ahd/2005 M/s Nanubhai D. 1. Hon'ble President,"Whether, Shri Deepak R. Shah, Adjourned Desai, Surat I.T.A.T. advocate and ex-Accountant Member of Sine die 2. Hon'ble Vice-the Income Tax Appellate Tribunal, is President (AZ) debarred from practicing before the 3. Shri.R.S.Syal,A.M. Income Tax Appellate Tribunal in view of the insertion of Rule 13 E in the Income Tax Appellate Tribunal Members (Recruitment and Conditions of Service) Rules,1963?" 2. ITA 1952/AHD/2012 Shri Himanshu V. 1. Hon'ble Vice- "Whether deduction u/s 80-IA(4)(ii), Fixed on Shah, Ahmedabad. President,(AZ). which is available to BASIC Telecom 22/11/2013 2. Shri.S.V.Mehrotra, Services Providers is also available to A.M. Franchisee of such Basic Service 3. Shri.M.K.Shrawat, Providers also, which is only putting J.M. EPEX system with out creating infrastructure in the field of Telecom?" 3. ITA Nos.2668,2669 & The People's Co-op. 1. Hon'ble Vice- 1."Whether the assessee being a Co- Adjourned 2670/Ahd/2012 & Credit Society Ltd., President(AZ). operative Credit Society, in view of its Sine die C.O.Nos.10, 11, Deesa. 2. Shri.M.K.Shrawat, function in providing credit facilities to 12/Ahd/2012 J.M. its members, is into the business of 3. Shri A.M. banking and is it not being impeded or Alankamony, A.M. hit by the provisions of section 80P(4) of I.T. Act, 1961? Further, in view of section 5 of Banking Regulation Act, 1949 and section 2 of NABARD Act, 1981, whether this Co-operative Credit Society is carrying on the Banking Bank?" Business, and for all practical purposed acting like a Co-operative 2. "Whether a Co-operative Credit Society being providing credit facility to its members can be held as banking function, so as to deny the benefit of Section 80P(2)(a)(i) by invoking the provisions of section 80P(4)?" 4 4. ITA No. 1973/Ahd/12 Alkaben B. Patel, 1. Shri G.C.Gupta,Vice- "Whether for the purpose of section Ahmedabad President(AZ). 54EC of the I.T.Act, 1961, the period of 2. Shri Mukul Shrawat, investment of six months should be J.M. reckoned after the date of transfer or 3. Shri A.Mohan from the end of the month in which Alankamony,A.M. transfer of capital asset took place?" HYDERABAD BENCHES 1. ITA No. 18/H/2012 M/s Jagathi 1. Shri R.S. Syal, AM. Entire appeal Adjourned Publication Pvt. 2. Shri P.M. Jagtap, AM. Sine die Ltd., Hyderabad. 3. Shri N.V. Vasudevan, JM. 5 INCOME TAX APPELLATE TRIBUNAL,MUMBAI BENCHES,MUMBAI. LIST OF SPECIAL BENCH CASES HEARD AND PENDING FOR ORDERS AS ON 16.09.2013 Sr. Appeal No. Name of the To whom assigned the Points involved Remark No Assessee Special Bench Nil Nil Nil Nil Nil 6