Honble President Honble VP(Zonal) Shri. Rajpal Yadav, JM.
Whether, on the facts and circumstances of the case, assessee is entitled to claim depreciation on the value of all intangible assets falling in the category of any other business or commercial rights, without coherence of such rights with the distinct genusis/ catogary if intangible assets like know how, patents, copyrights, trade marks, licences and franchises as defined U/s 32(1) (II) of the I.T. Act.
Fixed after the disposal of Honble High Court in the case of CLC Global Ltd. which is pending before Honble High Court.
ITA No. 1999 & 2000/Del/2008
M/s National Agricultural Co-op. Mkt. Federation of India, New Delhi.
1. 2. 3.
S/Shri. R.P.Tolani, J.M. I.P.Bansal, JM. R.C.Sharma, AM.
Whether on the facts and circumstances of the case, where claim of damages and interest thereon is deputed by the assessee in the court of law, deduction can be allowed for the interest claimed on such damages while computing business income.
Name of the Assessee
To whom assigned the Special Bench
ITA No. 5568 & 5569/M/1995 & 6448/M/1994 A.Y. 1991-92 to 1993-94
Whether or not, on the facts and in the circumstances of the case and on a proper interpretation of Art. 5.5 and Art. 5.6 of the DTA (with Netherlands) 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?
ITA Nos. 6566/M/2002 & 606/M/2003 A.Ys.1998-99 & 1999-2000
M/s Indusind Bank Ltd., Mumbai
Shri. D.Manmohan, Vice-President(MZ) Shri. R.S.Syal, A.M. Shri.R.S.Padvekar, JM
1.Whether, on the facts and in the circumstances of the case in law, the agreement in question could be called financial lease agreement? 2.Whether on the facts and in circumstances the lessor is entitled to depreciation on assets leased by it in the event of the transaction being held as a financial lease in the light of the judgement of the Honble Supreme Court in the case of Asian Brown Boveries Ltd. reported in 54 Taxman 512 (SC)?
ITA No. 5402/Mum/2006 & 5458/Mum/2006, A.Y.2003-04
Sumitomo Mitsui Banking Corp.
2. 3. 4. 5.
S/Shri. R.V.Easwar, President R.S.Syal, A.M., D.K.Agarwal,J.M., P.M.Jagtap,A.M., T.R.Sood, A.M.
In Assessees appeal i.e. in ITA No. 5402/Mum/2006.
Whether or not, on the facts and in the circumstances of the case, the CIT(A) was justified in holding that interest payable by the Indian PE of the foreign bank, to its head office and other overseas branches, is not deductible in computing its total income. In Revenues appeal (i.e.ITA No. 5458/M/06): Whether or not ,or the facts and in the circumstances of the case and in law, the learned CIT(A) erred in holding interest income earned by the Indian PE of a foreign bank, from its head office and branch offices abroad, cannot be taken into account for the purpose of computing its income liable to be taxed in India.
Whether on a proper interpretation of sub-section (4) of section 255 of the Income Tax Act, the order proposed by the learned AM while giving effect to the opinion of the majority consequent to the opinion expressed by the learned Third Member, can be said to be a valid or lawful order passed in accordance with the said provision?"
Whether on the facts and in the circumstances of the case, the amendment brought out by the Finance Act, 2010 to section 40(a)(ia) w.e.f. 01.04.2010, is remedial and curative in nature and is, therefore, retrospective in nature.?
1. Whether, on the facts and in law, the scope of assessment u/s 153 A encompasses additions, not based on 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?