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INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI STATEMENT SHOWING THE LIST OF SPECIAL BENCH CASES PENDING AS ON 06.08.2012.
August, 29th 2012
                              INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI

                   STATEMENT SHOWING THE LIST OF SPECIAL BENCH CASES PENDING AS ON 06.08.2012.


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?"
3.   ITA 5996/M/93       GTC Industries Ltd.   1. Vice President(MZ)                                                    Fixed      on
     ITA 1055/M/94                             2. Shri R.S.Syal,AM.                                                     10.09.12
     ITA 1056/M/94                             3. Shri                 B.
                                                  Ramakotaiah,A.M.




     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
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."

     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
                                                                            assessee on arm's length price will
                                                                            cause real loss to the Govt. exchequer?"




                                                                                                                       3
     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. 36/Ahd/2004,    Gujarat        Gas 1. Hon'ble Vice-President  "Whether, on the facts and in        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 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 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?"




                                                                                                                      4
     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

     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?"




                                                                                                                     5
     AMRITSAR BENCH
1.   ITA No. 65(ASR)/2010   Sh. Vinod Kumar 1. Shri. H.L.Karwa, Zonal       1. "Whether, in the facts and Pending             for
                            Jain, Prop.              Vice-President.        circumstances of the case, the excise fixation.
                            M/s         V.K.Metal                           duty refund set off is a capital receipt or
                            Works, Jammu.         2. Shri. G.S.Pannu A.M.   revenue receipt."

                                                3. Shri. B.P.Jain, A.M.
                                                                            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."



2.   ITA No. 68/ASR/2010    M/s. Balaji Rosin 1. Shri. H.L.Karwa, Zonal 1."Whether,     in    the     facts    and Pending    for
                            Industries, Jammu    Vice-President.        circumstances of the case, the excise fixation.
                                                                        duty refund set off is a capital receipt or
                                              2. Shri. G.S.Pannu A.M.   revenue receipt".
                                                                        2."If the excise duty refund/set off is
                                              3. Shri. T.R.Sood,A.M.    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
                           INCOME TAX APPELLATE TRIBUNAL,MUMBAI BENCHES,MUMBAI

                  LIST OF SPECIAL BENCH CASES HEARD AND PENDING FOR ORDERS AS ON 06.08.2012

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."




                                                                                                              7
     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.




     NEW DELHI
     BENCHES

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%."




                                                                                                                     8
     AHMEDABAD
     BENCHES
1.   ITA             No. Sardar     Sarover 1. Shri D.K.Tyagi,J.M.   1. "Whether, interest expenditure Heard      on
     2654/AHD/2004       Narmada Nigam Ltd.                          incurred by the assessee on amount 20.7.2012
     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,     is actually utilized for earning interest
                                               A.M.                  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?"




                                                                                                              9
 
 
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