INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI STATEMENT SHOWING THE LIST OF SPECIAL BENCH CASES PENDING AS ON 06.06.2013.
June, 25th 2013
INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI
STATEMENT SHOWING THE LIST OF SPECIAL BENCH CASES PENDING AS ON 06.06.2013.
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- "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 10.09.13
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. 24.06.13
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-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 Fixed on
2000/Del/2008 Agricultural Co-op. (DZ). circumstances of the case, where claim 01.07.2013
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 Giesecke & 1. Shri P.M.Jagtap,A.M. 1."Whether for the purposes of Fixed on
No.5924/Del/2012 Devirent India 2. Shri A.D. Jain, J.M. determining the Arm's Length Price in 05/08/2013
Pvt.Ltd.,Gurgaon. 3. Shri B. Ramakotaiah, relation to the international
A.M. transaction, quantitative filter of
high/low turnover is to be applied and,
accordingly, high/low turnover
companies vis-à-vis the assessee
company are to be excluded from the
comparables selected for bench
marking the transaction.
2.If the answer to question no. one is in
affirmative then what should be the
parameter, if any, for exclusion of
high/low turnover companies vis-à-vis
the assessee company.
4. 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 17/06/2013
A.Y.2006-07 A.M. Commissioner of Income Tax(Appeals)
3. Shri I.C. Sudhir, J.M.erred in Law in holding that profit
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?"
5. ITA No. Shri Tejinder singh 1. Vice President, (DZ) "Whether on the facts and Fixed on
163/ASR/2003 (HUF) 2. Shri S.V.Mehrotra, circumstances of the case, 08.07.2013
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
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?"
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?"
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?"
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), Date awaited
Shah, Ahmedabad. President,(AZ). which is available to BASIC Telecom
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- Fixed on
2670/Ahd/2012 & Credit Society Ltd., President(AZ). operative Credit Society, in view of its 12/08/2013
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
Business, and for all practical purposed
acting like a Co-operative Bank?"
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)?"
1. ITA 248/Bang/2010 M/s. Biocon Limited 1. Hon'ble President, "Whether, discount on issue of Fixed on
A.Y.2004-05 I.T.A.T. Employee Stock Options is allowable as 27th & 28th
ITA 368/Bang/2010 2. Shri. R.S.Syal,A.M. deduction in computing the income June 2013
A.Y.2003-04 3. Shri. N.V.Vasudevan, under the head profits and gains of
ITA 369/Bang/2010 J.M business?"
1. ITA No. 391 & M/s Bharti Auto 1. Shri G.C. Gupta, Fixed on
392/Rjt/2011. Products, Jamnager. Vice-President, (AZ). 18/06/2013
2. Shri D. K.
3. Shri A. M.
1. ITA No. 18/H/2012 M/s Jagathi 1. Shri R.S. Syal, AM. Fixed on
Publication Pvt. 2. Shri P.M. Jagtap, AM. 15/07/2013
Ltd., Hyderabad. 3. Shri N.V. Vasudevan,
INCOME TAX APPELLATE TRIBUNAL,MUMBAI BENCHES,MUMBAI.
LIST OF SPECIAL BENCH CASES HEARD AND PENDING FOR ORDERS AS ON 06.06.2013
Sr. Appeal No. Name of the To whom assigned the Points involved Remark
No. Assessee Special Bench