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INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI STATEMENT SHOWING THE LIST OF SPECIAL BENCH CASES PENDING AS ON 06.05.2012.
May, 29th 2012
                              INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI

                   STATEMENT SHOWING THE LIST OF SPECIAL BENCH CASES PENDING AS ON 06.05.2012.


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-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 13.06.2012.
      6448/M/1994                              2. Shri. P.M.Jagtap, A.M.    proper interpretation of Art. 5.5 and
      A.Y. 1991-92 to 1993-                       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 27.08.2012
      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




                                                                                                                      1
     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
                                                                       state?"
3.   ITA 521/Mum/2008    Kotak     Mahindra 1. Hon'ble                 "Whether the provisions of section 74 Fixed     on
                         Capital   Company     President,I.T.A.T.      which deal with carry forward and set 20.06.2012
                         ltd.               2. Shri.P.M.Jagtap, A.M.   off of lossess under the head "capital
                                            3. Shri.N.V.Vasudevan,     gains" as amended by Finance Act,2002
                                               J.M.                    will apply only to the unabsorbed
                                                                       capital loss for the assessment year
                                                                       2003-04 and onwards or will also apply
                                                                       to the unabsorbed capital lossess
                                                                       relating to the assessment years prior to
                                                                       the assessment year 2003-04."



     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-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




                                                                                                                      2
                                                                             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.R.P.Tolani, J.M.     "Whether      on    the    facts   and Fixed     on
     2000/Del/2008         Agricultural Co-op. 2. Shri.I.P.Bansal, JM.       circumstances of the case, where claim 18.06.2012.
                           Mkt. Federation of 3. Shri.K.G.Bansal, AM.        of damages and interest thereon is
                           India, New Delhi.                                 deputed by the assessee in the court of
                                                                             law, deduction can be allowed for the
                                                                             interest claimed on such damages while
                                                                             computing business income."

3.   ITA 5890/Del/2010      M/s.      IHG      IT 1. Hon'ble                 "Whether prior to insertion of second Yet       to    be
     A.Y.2006-07            Services Pvt. Ltd.       President,I.T.A.T.      proviso to Section 92C(2), the benefit of fixed
                                                  2. Hon'ble Zonal Vice-     5% tolerance margin as prescribed
                                                     President               under proviso to Section 92C(2) of the
                                                  3. Shri. Rajpal Yadav,     IT Act, 1961 for the purposes of
                                                     J.M.                    determining the arm's length price of an
                                                                             international transaction is allowable as
                                                                             a standard deduction in all cases, or is
                                                                             allowable only if the difference is less
                                                                             than 5%."
     KOLKATTA
     BENCH ES
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 Sine-die
     A.Y.2003-04 & 2004- Corporation Ltd.       2. Hon'ble Vice -President   length rate of interest was required to
     05                                            (KZ)                      be charged on the loan granted by the
                                                3. Shri Mahavir Singh,       non-resident assessee-company to its
                                                   J.M.                      wholly    owned     subsidiary   Indian




                                                                                                                           3
                                                                          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-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?"
                                                  J.M.
     AHMEDABAD
     BENCHES
1.   ITA                No. Sardar     Sarover 1. Hon'ble Vice-President 1.    "Whether, interest expenditure Yet  to       be
     2654/AHD/2004          Narmada Nigam Ltd.    (AZ)                   incurred by the assessee on amount fixed
     A.Y.2001-02                               2. Shri.N.V.Vasudevan,    though borrowed for the purpose of
                                                  J.M.                   business but pending such utilization,
                                               3. Shri.A.K.Garodia, A.M. is actually utilized for earning interest
                                                                         income can such interest expenditure




                                                                                                                     4
                                                                             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?"




2.   ITA No. 36/Ahd/2004,    Gujarat        Gas 1. Hon'ble Vice-President    "Whether, on the fact and it the Fixed            on
     ITA No. 48/Ahd/2004,    Financial  Services    (AZ)                     circumstances of the case, the assessee 13.06.2012
     A.Y. 1999-2000, ITA     Ltd., Ahmedabad.    2. Shri.D.K. Tyagi, J.M.    company is 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                                                      thereunder on the rev income earned on
     No. 1095/Ahd/2006,                                                      its financial transaction?"
     A.Y. 2002-03, ITA No.
     515/Ahd/2005, A.Y.
     2001-02.
3.   ITA 2170/Ahd/2005       M/s       Nanubhai 1. Hon'ble      President,   "Whether,   Shri   Deepak    R.Shah, Adjourned
                             D.Desai, Surat        I.T.A.T.                  advocate and ex-Accountant Member of Sine-die
                                                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




                                                                                                                         5
                                                                             of the insertion of Rule 13 E in the
                                                                             Income      Tax    Appellate Tribunal
                                                                             Members (Recruitment and Conditions
                                                                             of Service) Rules,1963?"



     BANGALORE BENCH

1.   ITA 248/Bang/2010    M/s. Biocon Limited   1. Hon'ble      President,   "Whether,  discount   on issue of Yet        to   be
     A.Y.2004-05                                   I.T.A.T.                  Employee Stock Options is allowable as fixed
     ITA 368/Bang/2010                          2. Shri. R.S.Syal, A.M.      deduction in computing the income
     A.Y.2003-04                                3. Shri. N.V.Vasudevan,      under the head profits and gains of
     ITA 369/Bang/2010                             J.M.                      business?"
     A.Y.2004-05
     ITA 370/Bang/2010
     A.Y.2005-06
     ITA 371/Bang/2010
     A.Y.2006-07
     ITA 1206/Bang/2010
     A.Y.2007-08


     RAJKOT BENCH

1.   ITA 397/Raj/2009     Saffire Garments      1. Shri.G.C.Gupta,           1. "Whether, this Tribunal can condone Pending    for
                                                   Hon'ble           Vice-   the delay or extend the time limit for fixation
                                                   President(AZ)             furnishing the return of income u/s.139
                                                2. Shri.T.K.Sharma,          (1) for the purpose of claiming
                                                   J.M.                      deduction u/s.10A?
                                                3. Shri.D.K.Tyagi, J.M.       2. "Whether, the Proviso to section
                                                                             10A(1A) which requires the assessee to




                                                                                                                       6
                                                                            furnish the return of income on or
                                                                            before the due date specified under
                                                                            section (1) of section 139 is mandatory
                                                                            or directory?"



     AMRITSAR BENCH


1.   ITA No. 65(ASR)/2010   Sh. Vinod Kumar 1. Hon'ble Zonal Vice-          1. "Whether, in the facts and Pending             for
                            Jain, Prop.              President              circumstances of the case, the excise fixation.
                            M/s         V,K,Metal 2. Senior most Judicial   duty refund set off is a capital receipt or
                            Works, Jammu             Member, Chandigarh     revenue receipt."
                                                  3. Senior          most
                                                     Accountant  Member,
                                                     Chandigarh             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."




                                                                                                                       7
                           INCOME TAX APPELLATE TRIBUNAL,MUMBAI BENCHES,MUMBAI

                LIST OF SPECIAL BENCH CASES HEARD AND PENDING FOR ORDERS AS ON 06.05.2012

 Sr.      Appeal No.          Name of the        To whom assigned the                 Points involved             Remark
 No.                           Assessee              Special Bench

       MUMBAI BENCHES

1.     ITA                GTC Industries Ltd.   1. Hon'ble           Vice-                                      Heard    on
       5996/Mum/1993                               President(MZ)                                                01.05.2012
       ITA                                      2. Shri.R.S.Syal, A.M.
       1055/Mum/1994                            3. Shri.B.Ramakotaiah,
       ITA                                         A.M.
       1056/Mum/1994
2.     ITA No.            M/s. Allcargo Global 1. Hon'ble     President,     1. "Whether, on the facts and in law, Heard  on
       5059,   5018    to Logistics Ltd.          I.T.A.T                    the scope of assessment u/s 153 A 23.05.2012
       5022/M/2010                             2. Shri.D.K.Agarwal,J.M.      encompasses additions, not based on
                                               3. Shri.K.G.Bansal, A.M.      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"?







                                                                                                                  8
     DELHI BENCHES

1.   ITA No.4986/Del/07 M/s.            Clough 1. Hon'ble President        "Whether, the CIT(A) erred in treating Heard    on
     (Assessee)&     ITA Engineering           2. Shri R.P.Tolani, JM      the interest income as business income 28.03.2011
     No.4771/Del/07(Dep Ltd.D.Dun.             3. Shri K.G.Bansal, AM      as against 15% as provided in para 6 of
     tt.)                                                                  Article 12 of DTAA between India and
                                                                           the UK."

     KOLKATTA
     BENCH ES
1.   ITA Nos.            M/s Madhu Jayanti     1.   Hon'ble   President,   "Whether, on the facts and in the Heard  on
     2039/Kol/2006       International Ltd.         I.T.A.T.               circumstances of the case , the 24.04.2012
                                               2.   Hon'ble        Vice-   assesses, who are in the business of
     1463/Kol/2007       M/s. Rajrani Exports       President (KZ) &       blending & processing of tea and
                         P. Ltd.               3.   Shri.Mahavir Singh,    export thereof can be said to be
     2089/Kol/2007       M/s. Narendra Tea          J.M.                   "Manufacturer/Producer" of the tea for
                         Co.P.Ltd.                                         the purpose of Section 10A/10B of the
     1189/Kol/2008       Tea         Promoters                             I.T.Act, 1961?"
                         (India) Pvt. Ltd.



     BANGALORE
     BENCHES

1.   ITA             No. M/s    Nandi    Steels 1 Shri.   N.Bharathvaja    "That the learned CIT(A) erred in law Heard       on
     546/Bang/08         Ltd.                     Shankar,        Vice-    and on facts that the appellant is not 17.10.2011
                                                  President (BZ)           entitled to set off carry forward
                                               2. Shri. G.C.Gupta,Vice-    business loss of Rs. 39,99,652 against
                                                  President                the long term capital gain arising on
                                               3. Smt.P. Madhavi Devi,     sale of land used for the purpose of




                                                                                                                    9
                                                  JM                     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."



     INDORE BENCH

1.   ITA     900     & M/s Maral Overseas 1. Hon'ble     President,      1. "Whether, an undertaking claiming Heard   on
     777/Ind/2004    & Ltd., Khargone        I.T.A.T.                    exemption u/s 10B of the Income-tax 06.01.2012
     295/Ind/2006                         2. Hon'ble          Vice-      Act, 1961, as it existed prior to
                                             President (AZ)              1.4.1999 would be entitled for
                                          3. Shri.R.C.    Sharma,        exemption/deduction u/s 10B for
                                             A.M.                        extended period of ten years as per the
                                                                         amended provisions of law brought on
                                                                         statute with effect from 01.04.1999?"

                                                                         2. "Whether, in the facts and
                                                                         circumstances of the case, the
                                                                         undertaking is eligible for deduction on
                                                                         export incentive received by it in terms
                                                                         of provisions of Section 10B(1) read
                                                                         with Section 10B (4) of the Act?"

     HYDERABAD
     BENCH

1.   ITA No.1034/H/2004   Dr.(Late) B.V.Raju, 1   Shri.P.M.Jagtap,A.M.   "Whether, on the facts and in the Heard    on
                          Hyderabad           2   Shri.N.V.Vasudevan.    circumstances  of   the  case the 06.01.2012
                                                  J.M.                   consideration receivable  by  the



                                                                                                                      10
                                               3   Shri.Chandra Poojari, assessee in terms of the agreement
                                                   A.M.                  dated 27-7-1999 is assessable to tax
                                                                         as capital gains in accordance with the
                                                                         amended provisions of law prevailing at
                                                                         the relevant point of time relating to
                                                                         the levy of tax on capital gains?
     VISHAKHAPATNAM
     BENCH

1.   ITA 477/Viz/2008     M/s.         Merilyn 1. Hon'ble          Vice-   "Whether, Sec.40(a)(ia) of the I.T.Act Heard on
     A.Y.2005-2006        Shipping           &    President, (MZ)          can be involved only to disallow 16.12.2011
                          Transports, Vizg     2. Shri.S.V.Merhotra,       expenditure of the nature referred to
                                                  A.M.                     therein which is shown as "payable" as
                                               3. Shri. Mahavir Singh,     on the date of the balance sheet or it
                                                  J.M.                     can be involved also to disallow such
                                                                           expenditure which become payable at
                                                                           any time during the relevant previous
                                                                           year and was actually paid within the
                                                                           previous year?"
     JODHPUR BENCH

1.   ITA No.27/JDPR/06   M/s   Shree    Ram 1. Zonal Vice-President        "Whether on the facts and in the Heard           on
     C.O.No.37/Ju/06     Lime Products' Ltd., 2. Shri I.P.Bansal, J.M.     circumstances of the case the period of 04.05.2012
     (A/o     ITA    No. Jodhpur              3. Shri P.M.Jagtap, A.M.     limitation for completion of the block
     27/JDPR/06) Block                                                     assessment as per sec. 158BE read
     A.Y.   1997-98   to                                                   with
     2003-04)                                                              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



                                                                                                                   11
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
Hon'ble 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."




                                          12
 
 
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