Latest Expert Exchange Queries
sitemapHome | Registration | Job Portal for CA's | Expert Exchange | Currency Converter | Post Matrimonial Ads | Post Property Ads
 
 
News shortcuts: From the Courts | News Headlines | VAT (Value Added Tax) | Service Tax | Sales Tax | Placements & Empanelment | Various Acts & Rules | Latest Circulars | New Forms | Forex | Auditing | Direct Tax | Customs and Excise | ICAI | Corporate Law | Markets | Students | General | Indirect Tax | Mergers and Acquisitions | Continuing Prof. Edu. | Budget Extravaganza | Transfer Pricing
 
 
 
 
Popular Search: VAT Audit :: ICAI offer Get Windows 7,Office 2010 in Rs.799 Taxes :: Central Excise rule to resale the machines to a new company :: empanelment :: ACCOUNTING STANDARDS :: ARTICLES ON INPUT TAX CREDIT IN VAT :: articles on VAT and GST in India :: cpt :: due date for vat payment :: TDS :: VAT RATES :: form 3cd :: TAX RATES - GOODS TAXABLE @ 4% :: ACCOUNTING STANDARD :: list of goods taxed at 4%
 
 
« ITAT-Constitution of Benches »
 Income Tax Appellate Tribunal New Delhi Benches New Delhi The Revised Constitution of Delhi Benches from 28/11/2016 To 01/12/2016
 Income Tax Appellate Tribunal Mumbai Benches Mumbai Statement showing The List of Special Bench Cases Pending for 2016 as on 16/11/2016
 Income Tax Appellate Tribunal Mumbai Benches Mumbai list of order ready for pronouncement on 30/11/2016
 Income Tax Appellate Tribunal Chennai Benches Chennaj Revised Constitution For The Week From O5/1212016 To O8/12120-16
 Income Tax Appellate Tribunal: Vice President’s Secretariat: Hyderabad Constitution Of Hyderabad Benches
 Income Tax Appellate Tribunal, Visakhapatnam Bench List Of Division Bench Cases Posted Before Shri V.Durga Rao, Hon'ble Judicial Member & Shri G.Manjunatha, Hon'ble Accountant Member During The Period From 21.11.2016 To 09.12.2016
 Income Tax Appellate Tribunal, Mumbai Benches, Mumbai. List Of Division Bench Cases Posted For Hearing From 25.11.2016
 Income Tax Appellate Tribunal, Hyderabad Benches, Hyderabad. List Of Division Bench Cases Posted For Hearing From 28.11.2016 To 01.12.2016 Before ‘a’ Bench
 Income Tax Appellate Tribunal, Visakhapatnam Bench List Of Division Bench Cases Posted Before Shri V.Durga Rao, Hon'ble Judicial Member & Shri G.Manjunatha, Hon'ble Accountant Member During The Period From 21.11.2016 To 09.12.2016
 Income Tax Appellate Tribunal, Visakhapatnam Bench List Of Division Bench Cases Posted Before Shri V.Durga Rao, Hon'ble Judicial Member & Shri G.Manjunatha, Hon'ble Accountant Member During The Period From 21.11.2016 To 09.12.2016
 Income Tax Appellate Tribunal Chennai Benches Chennai Constitution for the Week 21/11/2016 To 2411/2016

PENDING ITAT SPECIAL BENCH & THIRD MEMBER MATTERS (AS OF 12th May 2011)
October, 05th 2011

Sr. No.

Appeal No.

Name of the Assessee

To whom assigned the Special Bench

Points involved

Date

MUMBAI BENCHES

1.

ITA No. 5568 & 5569/M/1995 & 6448/M/1994
A.Y. 1991-92 to 1993-94

DHL Operations B.V. Netherlands

1.

 

2.

3.

Shri. D.Manmohan, Vice-President
(Mumbai Zone)
Shri. Pramod Kumar, A.M.
Shri.B.Ramakotaiah, A.M.

Whether or not, on the facts and in the circumstances of the case and on a proper interpretation of Art. 5.5 and Art. 5.6 of the DTA (with Netherlands) and having regard to its activities, it can be said that Airfreight Ltd. was the 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?

 

15/06/2011.

2.

ITA Nos. 6566/M/2002
& 606/M/2003
A.Ys.1998-99 & 1999-2000

M/s Indusind Bank Ltd., Mumbai

1.

2.
3.

Shri. D.Manmohan, Vice-President(MZ)
Shri. R.S.Syal, A.M.
Shri.R.S.Padvekar, JM

1.Whether, on the facts and in the circumstances of the case in law, the agreement in question could be called financial lease agreement?
2.Whether on the facts and in circumstances the lessor is entitled to depreciation on assets leased by it in the event of the transaction being held as a financial lease in the light of the judgement of the Honble Supreme Court in the case of Asian Brown Boveries Ltd. reported in 54 Taxman 512 (SC)?

 07/06/2011.

3.

ITA No. 5402/Mum/2006 & 5458/Mum/2006, A.Y.2003-04

Sumitomo Mitsui Banking Corp.

 

 

1.

2.
3.
4.
5.

S/Shri.
R.V.Easwar, President
R.S.Syal, A.M.,
D.K.Agarwal,J.M.,  P.M.Jagtap,A.M., T.R.Sood, A.M.

In Assessees appeal i.e. in ITA No. 5402/Mum/2006.

Whether or not, on the facts and in the circumstances of the case, the CIT(A) was justified in holding that interest payable by the Indian PE of the foreign bank, to its head office and other overseas branches, is not deductible in computing its total income.
In Revenues appeal (i.e.ITA No. 5458/M/06):
Whether or not ,or the facts and in the circumstances of the case and in law, the learned CIT(A) erred in holding interest income earned by the Indian PE of a foreign bank, from its head office and branch offices abroad, cannot be taken into account for the purpose of computing its income liable to be taxed in India.

 

 

29/06/2011

4.

ITA  No. 6591/Mum/2007 A.Y.2003-04

Tandon Information Solutions Pvt. Ltd.

 

1.
2.
3.

S/Shri.
D.Manmohan(VP-MZ)
S.V.Mehrotra, A.M.
P.M.Jagtap, A.M.

Whether or not, on the facts and in the circumstances, deduction u/s 10 A is to be allowed without setting off of brought forward losses of earlier year?

Heard on 16.11.2010 (Put up for larger Bench) Pending for fixation           

5.

ITA Nos. 6490 & 6491/Mum/2008
A.Ys.2004-05 & 2005-06

M/s Tulip Hotels Pvt. Ltd.

 

1.
2.
3.

S/Shri.
D.Manmohan(VP-MZ) R.S. Syal, A.M., D.K.Agarwal, J.M.

Whether on a proper interpretation of sub-section (4) of section 255 of the Income Tax Act, the order proposed by the learned AM while giving effect to the opinion of the majority consequent  to the opinion expressed by the learned  Third Member, can be said to be a valid or lawful order passed in accordance with the said provision?"

Pending for fixation            

 

6.

ITA No. 3013/Mum/2007
A.Y.2002-03

Bennett Coleman & Co. Ltd.

 

1.

2.
3.

S/Shri.
D.Manmohan, Vice-President(MZ),
R.S.Syal, A.M.
S.V.Merhotra, A.M.

Whether on the facts and in the circumstances of the case, the CIT (A) was justified in declaring long term capital loss of Rs.22,21,85,693/- on account of reduction in paid up equity share capital?

 Pending for fixation          

7.

ITA No. 2404/M/2009
A.Y.2005-06

M/s.Bharti Shipyard Ltd.

 

1.
2.
3.

 

S/Shri.
R.S.Syal, A.M.
D.K.Agarwal, J.M.
Rajendra Singh,A.M.

Whether on the facts and in the circumstances of the case, the amendment brought out by the Finance Act, 2010 to section 40(a)(ia) w.e.f. 01.04.2010, is remedial and curative in nature and is, therefore, retrospective in nature.?

 07/07/2011

8.

ITA  No.
5792/M/2009

M/s. Dalal and Broacha Stock Broking P.Ltd.

 

1.
2.
3.

S/Shri.
D.K.Agarwal, J.M.
N.V.Vasudevan,J.M.
Ranjendra Singh,A.M.

Whether, in the facts and circumstances of the case, the payment of commission to the extent of Rs.1,20,00,000/- is disallowable under the provisions of section 36(1)(ii) or not

 

16/05/2011

 

 

 

9.

ITA No.
5059, 5018 to 5022/M/2010

M/s. Allcargo Global Logistics Ltd.

 

1.

2.

 

3.

S/Shri.
D.Manmohan Vice-President (MZ)
N.Bharathvaja Shankar, Vice-President (BZ)
K.G.Bansal, A.M.

1. Whether, on the facts and in law, the scope of assessment u/s 153 A encompasses additions, not based on any incriminating material found during the course of search?
2. Whether, on the facts  and in the circumstances of the  case, the ld.CIT (Appeals) was justified in upholding  the disallowance of deduction u/s.80IA (4) of the Act, on merits?

Pending for fixation          

 

DELHI BENCHES

1.

ITA No. 1976/Del/2006

M/s C.L.C. & Sons Pvt. Ltd.

1.
2.
3.

Honble President
Honble VP(Zonal)
Shri. Rajpal Yadav, JM.

Whether, on the facts and circumstances of the case, assessee is entitled to claim depreciation on the value of all intangible assets falling in the category of any other business or commercial rights, without coherence of such rights with the distinct genusis/ catogary if intangible assets like know how, patents, copyrights, trade marks, licences and franchises as defined U/s 32(1) (II) of the I.T. Act.

Fixed after the disposal of Honble High Court in the case of CLC Global Ltd. which is pending before Honble High Court.

2.

ITA No. 1999 & 2000/Del/2008

M/s National Agricultural Co-op. Mkt. Federation of India, New Delhi.

 

1.
2.
3.     

 S/Shri.
 R.P.Tolani, J.M.
 I.P.Bansal, JM.
 R.C.Sharma, AM.

Whether on the facts and circumstances of the case, where claim of damages and interest thereon is deputed by the assessee in the court of law, deduction can be allowed for the interest claimed on such damages while computing business income.

 

04.07.11.
(FBench)

 

KOLKATA BENCH ES

1.

ITA Nos.
1463/Kol/2007
1173/Kol/2007
2039/Kol/2006

2089/Kol/2007                         

M/s Madhu Jayanti
 International Ltd.
M/s. M.K.Industries
M/s. Rajrani Exports P. Ltd.
M/s. Narendra Tea Co.P.Ltd.

1
2

3

Honble President,  
Honble Vice-President (KZ) &
Shri.B.R. Mittal, J.M.

Whether on the facts and in the circumstances of the case , the assesses, who are in the business of blending & processing of tea and export thereof can be said to be Manufacturer/Producer of the tea for the purpose of Section 10A/10B of the I.T.Act, 1961?

Pending for  fixation

2.

ITA No. 1305/Kol//08

Shri. Rajesh Kr. Drolia, HUF

1

 

2

3

Honble Vice-President(KZ),

 Shri. B.R. Mittal, J.M.
               
Shri. Mahavir Singh J.M.

1.     Whether Ld. CIT(A) erred in law as well as in fact in allowing        deduction u/s. 80 IB to the assessee on the income earned from job work which comprises of repairs and maintenance?

2.  Whether Ld. CIT(A) erred in law as well as in fact in treating the   income from repairing and maintenance at par with the income from manufacturing for the purpose of Sec. 80 IB?

 

 

23.05.2011

3.

ITA Nos.1548 & 1549/Kol/2009
A.Y.2003-04 & 2004-05

M/s. Instrumentarium  Corporation Ltd.

1.

2.

3.
  

Honble President

Honble Vice President(KZ)

Shri B.R.Mittal, JM

1. Whether, on the facts and in the circumstances of the case, no arms length rate of interest was required to be charged on the loan granted by the non-resident 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 arms length price will cause real loss to the Govt. exchequer?

Pending for fixation

 

BANGALORE BENCHES

1.

 Misc.  Petition  Nos.26 & 29/B/99
MP Nos.
97-105/B/01
Arising out of
ITA Nos.
946, 952 to 957/Bang/1998 & ITA 959/Bang/1998
         

 

Mrs. Arathi Shenoy (alongwith),
 Mrs. M. Pushpalatha,
Mr. M.Suresh Rao,
 Mrs. Vatsala Shenoy,
 Mr. B. Raguramprasad Estate,
L/R by Mrs. M. Kaveri Bai, Mrs. Hemalatha,
Mr. M. Janardhana Rao & M. Anand Rao,
Mysore.

1

2

 

3

Zonal Vice-President (BZ)
 Senior most Judicial Member of the Bangalore Benches.
Senior most Accountant Memberof the Bangalore Benches

As per direction of the Honble High Court, the Miscellaneous petition filed by Department to be heard.

 
09.05.2011

2.

ITA  No. 546/Bang/08

M/s Nandi Steels Ltd.

1

2

3

N.Bharathvaja Shankar Vice-President (BZ)
Shri. G.C.Gupta,Vice-President
Smt.P. Madhavi Devi, JM

That the learned CIT(A) erred in law and on facts that the appellant is not entitled to set off carry forward business loss of Rs. 39,99,652 against the long term capital gain arising on sale of land used for the purpose of business. That the authorities below ought to have appreciated that there is no cessation of business and the appellant is entitled to set off the carry forward business loss.

 

09.06.2011

 

AHMEDABAD  BENCHES

 

1.

ITA No. 2654/AHD/2004 A.Y.2001-02

Sardar Sarover Narmada Nigam Ltd.

 

1

2
3

S/Shri
G.D.Agarwal, Vice-President(AZ)
N.V.Vasudevan, JM.
D.K. Srivastava, AM.

 

 

 

 

 

 

 

  1. Whether interest expenditure incurred by the assessee on amount though borrowed for the purpose of business but pending such utilization, is actually utilized for earning interest income can such  interest expenditure be held as expended for the purpose of earning interest income in view of the provisions of section 57 (iii) of the Act or not?.
  2. Whether on the facts and circumstances of the case, interest expenditure incurred on borrowed funds which were actually utilized for earning of interest income is to be allowed as deduction from the gross interest receipts or not for computing the income assessable under section 56 of the Act?

Pending for fixation

3.

ITA No. 36/Ahd/2004, ITA No. 48/Ahd/2004, A.Y. 1999-2000, ITA No. 35/Ahd/2005, A.Y. 2001-02 & ITA No. 1095/Ahd/2006, A.Y. 2002-03, ITA No. 515/Ahd/2005, A.Y. 2001-02.

Gujarat Fas Financial Services Ltd., Ahmedabad.

 

1

S/Shri
R.V.Easwar, President,
Honble President

Whether, on the fact and it the circumstances of the case, the assessee company is financial company under the Interest tax Act,1974 liable to tax thereunder on the rev income earned on its financial transaction?

Pending for  fixation

 

CHENNAI BENCHES

1.

Int. T.A. 101 & 161/Mds/2003
A.Y. 1999-2000
A.Y.2000-2001

M/s Bharat Overseas Bank Ltd., Chennai

1.

2.

3.

Dr. O.K.Narayanan, Vice-President(BZ)
Shri. Hari Om Maratha, J.M.
Smt.P.Madhavidevi,
J.M.

Whether the amount collected from the borrowers to meet the interest tax liability could be taxed as interest under the Interest-Tax Act, 1974?"

 

 27/06/2011

 

AMRITSAR BENCH

1.

ITA No. 65(ASR)/2010

Sh. Vinod Kumar Jain, Prop.
M/s V,K,Metal Works, Jammu

1.

2.

3.

Honble Zonal Vice-President
Senior most Judicial Member, Chandigarh
Senior most Accountant Member, Chandigarh

1. Whether in the facts and circumstances of the case, the excise duty refund set off is a capital receipt or revenue receipt.
2.  If the excise duty refund/set off is held to be revenue receipt, whether the said amount is to be included in the business profits for the purpose of deduction u/s 80IB of the Income-tax Act.

Pending for fixation.

 

JODHPUR BENCH

1.

ITA No.27/JDPR/06
C.O.No.37/Ju/06
(A/o ITA No. 27/JDPR/06)  Block A.Y. 1997-98 to 2003-04)

M/s Shree Ram Lime Products Ltd., Jodhpur

1.
2.
3.

 Zonal Vice-President
Shri I.P.Bansal, JM
Shri P.M.Jagtap,AM

Whether on the facts and in the circumstances of the case the period of limitation for completion of the block assessment as per sec. 158BE read with

Explanation 2 is to be reckoned from the end of the month in which last Panchanama on the conclusion of search is drawn on the assessee or last Panchnama of the last authorization even when it is not last Panchanama drawn on the assessee and one or more valid panchanamas are drawn on the assessee thereafter in execution of any former authorization.

As per order dt. 14.11.2007 of the Honble President Special Bench comprising of S/Shri.
R.P.Garg, Vice-President, I.C.Sudhir, J.M.
Hari Om Maratha, J.M. would hear  the entire appeal.  Can also modify the question referred to Special Bench.

Pending for fixation

       
                

 

 




B. THIRD MEMBER CASES PENDING IN THE ITAT MUMBAI BENCH AS ON 01.01.2011

SR
NO
ITA NO. NAME OF
APPELLANT/
RESPONDENT
POINTS INVOLVED STATUS
OF THE CASE
1






ITA 6987/M/03

ITA 5280/M/04 ITA 5281/M/04

A.Y. 1996-97to 1998-99


M/s. Kaira CanCompany Ltd.





1. Whether the impugned transactions of leasing out of assets to the assessee is a lease transactions or afinancial lease?

 

2. Whether the assessee can be held to be the owner of theasset acquired under the above transactions and is entitledfor depreciation over the said assets or assessee being alessee is entitled to claim the lease rent paid to the lessor asa revenue expenditure?

Adjd. Sine-die. To be Fixed after Spl. Bench in Indusind Bank
2


ITA 210/Kol/08

A.Y. 2004-05

M/s Shaw Wallace Financial Services Ltd.
"Whether on the facts and in the circumstances of the case, theassessment in the case of assessee for A.Y. 2004-05 can besaid to have been made on a non existent company and if so,whether the same can be quashed?" Fixed on 07.02.2011

3






ITA 2680-2681/M/08

A.Y. 2005-06




Shri Ismail Abdul Karim Balwa





i) Whether on the facts and circumstances of the present casethe capital gain on the sale of property in question is liable tobe taxed on the basis of long term capital gains or short termscapital gains?ii) Whether on the facts of the present case where the AO inthe case of one co-owner has accepted the gain as long termcapital gains then a different view can be taken in the case of other co-owner? Fixed on 10.02.2011





4





ITA 2830/M/07

A.Y. 2002-03




Indian Oil Blending Ltd.




"Whether on the facts and circumstances of the case and in lawthe sum of Rs.11,44,09,399/- being the provision written backin A.Y. 2002-03 on account of excess depreciation claimed inthe earlier years or any part thereof can be reduced whilecomputing the book profit of the assessee for the assessmentyear 2002-03 in terms of clause [i] of the Explanation to Section115 JB[2] read with the proviso." Heard on 01.11.10




5







ITA 525 to 530/M/08

A.Y. 1999-00 to 2004-05




Mrs Sumanlata Bansal






1) Whether non-issuance of the notice as provided in Sub-sec.(2) to Section 143 of the I.T. Act in the case of assessmentframed u/sec. 153 A, in consequence of search under sec.132,is merely an irregularity and the same is curable?

 

2) Whether on the facts of the case, failure on the part of theAssessing Officer (A.O.) to issue notice to the assessee as per provisions of Sub-sec (2) to Section 143 shall have theeffect of rendering the entire assessment framed u/sec. 153 Aof the Act as null and void?

Fixed on 21.01.11






6


ITA 635/M/10

A.Y. 2005-06

M/s NGC Network (India) Pvt. Ltd.

"Whether in the facts and circumstances of the case, the ld.CIT (A) was justified in deleting the disallowance of Rs 4,14,20,843/- made by the A.O. out of Advertisement andpublicity expenses incurred by the assessee." Fixed on 02.02.11

7







ITA 6490/M/08

ITA 6491/M/08
A.Y. 2004-052005-06



M/s Tulip Hotels Pvt.Ltd.






"Whether on the facts and circumstances of the case;

 

i) the additions of Rs.4,78,12,403/- and Rs. 1,02,91,176/-made and confirmed by the lower authorities u/s 68 for AY 2004-05 and 2005-06 respectively are liable to be deletedor to be confirmed?

 

ii) the addition made and confirmed by the CIT(A) on accountof reimbursement of expenses to M/s Cox & King (India) Pvt.Ltd. and to M/s Tulip Star Hotels Pvt. Ltd. for AY 2004-05and 2005-06 are liable to be deleted or confirmed?"

Heard 30.10.09






8

ITA 8880/M/04

A.Y. 1998-99

M/s Rolta India
NA
Heard on 05.05.10
9







ITA 4613/M/05

A.Y. 1998-99






M/s Telco DadajeeDhackjee Ltd.






"Whether on the facts and circumstances of the case;

 

1) Proceedings initiated by the AO u/s 147 is liable to beconfirmed or quashed where there was no fresh materialavailable with the AO and assessment had been completedoriginally u/s 143 (1)?

 

2) the order of the AO is liable to be quashed or to be set asidewhere copy of the reasons recorded for taking action u/s 147were not provided to the assessee in spite of specific requests?"

Heard 10.02.10






10

ITA 2283/M/07A.Y. 2001-02
M/s Glofame Cotspin Industries Ltd.
"Whether on the facts and in the circumstances, reopeningof the assessment u/s 147 can be held invalid and thereassessment proceedings can be quashed?" Heard on 25.02.10
11




ITA 2808/M/02

ITA 5056/M/03 CO 112/M/03 CO 254/M/04

A.Y. 1998-99-1999-2000

M/s Dharati Estate




"Whether on the facts and circumstances of the case, the orderof the CIT(A) is liable to be confirmed or to be set aside and torestore the issue to his file to decide the same afresh?"


Heard on 15.07.10



 
 
Home | About Us | Terms and Conditions | Contact Us
Copyright 2016 CAinINDIA All Right Reserved.
Designed and Developed by Binarysoft Technologies Pvt. Ltd.
Binarysoft Technologies - Privacy Policy

Transfer Pricing | International Taxation | Business Consulting | Corporate Compliance and Consulting | Assurance and Risk Advisory | Indirect Taxes | Direct Taxes | Transaction Advisory | Regular Compliance and Reporting | Tax Assessments | International Taxation Advisory | Capital Structuring | Withholding tax advisory | Expatriate Tax Reporting | Litigation | Badges | Club Badges | Seals | Military Insignias | Emblems | Family Crest | Software Development India | Software Development Company | SEO Company | Web Application Development | MLM Software | MLM Solutions