INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI STATEMENT SHOWING THE LIST OF SPECIAL BENCH CASES PENDING AS ON 06.11.2012.
December, 04th 2012
INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI
STATEMENT SHOWING THE LIST OF SPECIAL BENCH CASES PENDING AS ON 06.11.2012.
Sr. Appeal No. Name of the To whom assigned the Points involved Remark
No Assessee Special Bench
1. ITA No. 5568 & DHL Operations 1. Hon'ble Vice-President "Whether, or not, on the facts and in Fixed on
5569/M/1995 & B.V. Netherlands ( MZ) the circumstances of the case and on a 29.04.2013.
6448/M/1994 2. Shri. P.M.Jagtap, A.M. proper interpretation of Art. 5.5 and
A.Y. 1991-92 to 1993- 3. Shri.B.Ramakotaiah, Art. 5.6 of the DTA (with Netherlands)
94 A.M. 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?"
2. ITA Nos. M/s. Clifford 1. Hon'ble President, 1. "Whether, the substitution of the Fixed on
5034/M/2004 Chance LLP I.T.A.T. Explanation to Section 9 by the Finance 28.01.2013
5035/M/2004 2. Hon'ble Vice-President Act, 2010 with retrospective effect from
2060/M/2008 (MZ) 01.06.1976 changes the position of law
2061/M/2008 3. Shri.P.M.Jagtap,A.M. as far as the assessee is concerned, by
3021/M/2005 making the ratio of the judgment of the
7095/M/2004 Hon'ble Bombay High Court in the
C.O. assessee's own case for the assessment
41-44/M/2008 year 1986-87 inapplicable to the
A.Y. assessment years now in appeal?"
1998-1999 to 2. "Whether on a true and correct
2003-2004 interpretation of the term "directly or
indirectly attributable to the permanent
establishment" in Article 7(1) of the
India UKDTAA, it is correct in law to
hold that the consideration attributable
to the services rendered in the state of
residences is taxable in the source
3. ITA 5996/M/93 GTC Industries Ltd. 1. Vice President(MZ) Fixed on
ITA 1055/M/94 2. Shri R.S.Syal,AM. 17.12.12
ITA 1056/M/94 3. Shri B.
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-President entitled to claim depreciation on the of Hon'ble
(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 Adjourned
2000/Del/2008 Agricultural Co-op. (DZ). circumstances of the case, where claim Sine die
Mkt. Federation of 2. Shri.Rajpal Yadav, of damages and interest thereon is
India, New Delhi J.M. deputed by the assessee in the court of
3 Shri.I.C.Sudhir,JM law, deduction can be allowed for the
interest claimed on such damages while
computing business income."
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 Shri Mahavir Singh, on the loan granted by the non-resident
3. 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?"
1. Int. T.A. 101 & M/s Bharat 1. Hon'ble Vice-President "Whether, the amount collected from Adjourned
161/Mds/2003 Overseas Bank Ltd., (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?"
1. ITA No. 36/Ahd/2004, Gujarat Gas 1. Hon'ble Vice-President "Whether, on the facts and in the Fixed on
ITA No. 48/Ahd/2004, Financial Services (AZ) circumstances of the case, the assessee 03/12/2012
A.Y. 1999-2000, ITA Ltd., Ahmedabad. 2. Shri.D.K. Tyagi, J.M. company is a financial company under
No. 35/Ahd/2005, 3. Shri.A.K.Garodia, A.M. the Interest tax Act,1974 liable to tax
A.Y. 2001-02 & ITA there under and if yes, then which
No. 1095/Ahd/2006, portion of the income/receipts of the
A.Y. 2002-03, ITA No. assessee company can be considered
515/Ahd/2005, A.Y. `chargeable Interest' under Interest Tax
2001-02. Act, 1974."
2. ITA 2170/Ahd/2005 M/s Nanubhai D. 1. Hon'ble President, "Whether, Shri Deepak R.Shah, Fixed on
Desai, Surat I.T.A.T. advocate and ex-Accountant Member of 28/12/12
2. Hon'ble Vice-President the Income Tax Appellate Tribunal, is
(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?"
1. ITA 248/Bang/2010 M/s. Biocon Limited 1. Hon'ble President, "Whether, discount on issue of Fixed on 3rd
A.Y.2004-05 I.T.A.T. Employee Stock Options is allowable as & 4th
ITA 368/Bang/2010 2. Shri. R.S.Syal,A.M. deduction in computing the income December-
A.Y.2003-04 3. Shri. N.V.Vasudevan, under the head profits and gains of 2012
ITA 369/Bang/2010 J.M. business?"
INCOME TAX APPELLATE TRIBUNAL,MUMBAI BENCHES,MUMBAI.
LIST OF SPECIAL BENCH CASES HEARD AND PENDING FOR ORDERS AS ON 06.11.2012
Sr. Appeal No. Name of the To whom assigned the Points involved Remark
No. Assessee Special Bench
1. RAJKOT BENCH
ITA 397/Raj/2009 Saffire Garments 1. Shri.G.C.Gupta, 1. "Whether, this Tribunal can condone Heard on
Hon'ble Vice- the delay or extend the time limit for 10/09/2012
President(AZ) furnishing the return of income
2. Shri.D.K.Tyagi, J.M. u/s.139 (1) for the purpose of claiming
3 Shri.A.K.Garodia,A.M. 2. "Whether, the Proviso to section
10A(1A) which requires the assessee to
furnish the return of income on or
before the due date specified under
section (1) of section 139 is mandatory
1. ITA 5890/Del/2010 M/s. IHG IT Services 1. Hon'ble Whether prior to insertion of second Heard on
A.Y.2006-07 Pvt. Ltd. President,I.T.A.T. proviso to Section 92C(2), the benefit of 27.07.2012
2. Hon'ble Zonal Vice- 5% tolerance margin as prescribed
President under proviso to Section 92C(2) of the
3. Shri.Rajpal IT Act, 1961 for the purposes of
Yadav,J.M. determining the arm's length price of
an international transaction is
allowable as a standard deduction in
all vases, or is allowable only if the
difference is less than 5%."
NEW DELHI BENCHES
2. ITA No.5140/Delhi/11 M/s. L.G.Electronics 1. Shri. G.D.Agarwal, 1. "Whether, on the facts and in Heard on
India (P) Ltd., VP(DZ). circumstances of the case, the 08.11.2012
Gurgaon. 2. Shri R.S.Syal, A.M. Assessing Officer was justified in
3. Shri Hari Om making transfer pricing adjustment in
Maratha, J.M. prelation to advertisement, marketing
and sales promotion expenses incurred
by the assessee ?
2. "Whether the Assessing Officer
was Justified in holding that the
assessee should have earned a mark
up from the Associated Enterprise in
respepct of AMP expenses alleged to
have been incurred for and on behalf of