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INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI STATEMENT SHOWING THE LIST OF SPECIAL BENCH CASES PENDING AS ON 06.07.2012.
July, 19th 2012
                              INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI

                   STATEMENT SHOWING THE LIST OF SPECIAL BENCH CASES PENDING AS ON 06.07.2012.


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 03.09.2012.
      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 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?"
     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
                                                                          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 Adjourned
     2000/Del/2008        Agricultural Co-op. 2. Shri.I.P.Bansal,JM.      circumstances of the case, where claim sine-die
                          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."




                                                                                                                         2
3.   ITA 5890/Del/2010    M/s.      IHG      IT 1. Hon'ble                  "Whether prior to insertion of second Fixed         on
     A.Y.2006-07          Services 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 Yadav,J.M.   IT Act, 1961 for the purposes of
                                                                            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
     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 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
                                                                            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




                                                                                                                        3



                                                                           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. Shri D.K.Tyagi,J.M.      1.    "Whether, interest expenditure
     2654/AHD/2004          Narmada Nigam Ltd.                             incurred by the assessee on amount Fixed     on
     A.Y.2001-02                               2. Shri.N.V.Vasudevan,      though borrowed for the purpose of 20.7.2012
                                                  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
                                                                           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?"




                                                                                                                      4
2.   ITA No. 36/Ahd/2004,    Gujarat        Gas 1. Hon'ble Vice-President       "Whether, on the fact and it the Adjourned
     ITA No. 48/Ahd/2004,    Financial  Services    (AZ)                        circumstances of the case, the assessee sine die.
     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, Date awaited
                             D.Desai, Surat        I.T.A.T.                     advocate and ex-Accountant Member of
                                                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?"
     BANGALORE BENCH
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 30/08/2012
     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




                                                                                                                          5
     RAJKOT BENCH
1.   ITA 397/Raj/2009       Saffire Garments    1. Shri.G.C.Gupta,           1. "Whether, this Tribunal can condone Fixed    on
                                                   Hon'ble           Vice-   the delay or extend the time limit for 10/09/2012
                                                   President(AZ)             furnishing the return of income u/s.139
                                                2. Shri.D.K.Tyagi, J.M.      (1) for the purpose of claiming
                                                                             deduction u/s.10A?
                                                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
                                                                             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."




                                                                                                                        6
2.   ITA No. 68/ASR/2010   M/s. Balaji Rosin 1 Zonal Vice-President     1."Whether,     in    the     facts    and Pending   for
                           Industries, Jammu 2. Senior Most J.M.(CH)    circumstances of the case, the excise fixation.
                                             3. Senior Most A.M. (CH)   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."




                                                                                                                     7
                           INCOME TAX APPELLATE TRIBUNAL,MUMBAI BENCHES,MUMBAI

                 LIST OF SPECIAL BENCH CASES HEARD AND PENDING FOR ORDERS AS ON 06.07.2012

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

       MUMBAI BENCHES

2.     ITA 521/Mum/2008   Kotak     Mahindra 1. Hon'ble                "Whether the provisions of section 74 Heard    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
                                                J.M.                   Act,2002 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."




                                                                                                              8
     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.




                                                                                                         9
 
 
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