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INCOME-TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI STATEMENT SHOWING THE LIST OF THIRD MEMBER CASES PENDING AS ON 16.09.2013
September, 24th 2013
                         INCOME-TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI
            STATEMENT SHOWING THE LIST OF THIRD MEMBER CASES PENDING AS ON 16.09.2013


Sr       Appeal No.         Name of the          Bench               Points involved             To whom        REMARKS
No                           Assesses                                                            assigned

     MUMBAI BENCH
1.   ITA Nos. 525 to      Mrs. Sumanlata   S/Shri.            1. "Whether, non-issuance of Zonal Vice-        Fixed on
     530/Mum/2008,        Bansal, Mumbai   1. R.S.Padvekar,   the notice as provided in Sub.- President(MZ)   26.09.2013
     A.Ys.1999-2000 to                        J.M.            sec.(2) to Section 143 of the I.T.
     2004-05                               2.B.Ramakotaiah,   Act in the case of assessment
                                             A.M.             framed       u/sec.153A,        in
                                                              consequence of search under
                                                              sec. 132, is merely an
                                                              irregularity and the same is
                                                              curable?"
                                                              2. "Whether ,on the facts of the
                                                              case, failure on the part of the
                                                              Assessessing Officer (A.O.) to
                                                              issue notice to the assessee as
                                                              per provisions of Sub-sec.(2) to
                                                              Section 143 shall have the
                                                              effect of rendering the entire
                                                              assessment framed u/sec. 153A
                                                              of the Act as null and void?"

2.   ITA 5229/M/2004      M/s. Standard    S/Shri.            "Whether on the facts and Shri. R.S. Syal,      After the
     & 5303/M/2004        Chartered Bank   1.R.S.Padvekar,    circumstances of the case A.M.                  Disposal of MA
     A.Y. 1996-97                            J.M.             interest      income        of
                                           2.Rajendra         Rs.73,92,16,611/-
                                             Singh, A.M.      (Rs.39,23,71,781+Rs.34,68,44,
                                                              830) is asseable to tax in the
                                                              year under consideration?"
                                                                                                                               1
3.   MA No.         M/s Amzel Ltd.,   S/Shri          1.Whether on the facts and Shri R.S. Syal,   Fixed on
     583/Mum/2012   Mumbai            1.D.Manmohan,   circumstances discussed by the A.M.          04.10.2013
                                      (VP).           Tribunal in the appellate order,
                                      2. Rajendra     can it be said that the factual
                                      Singh,AM.       errors pointed out by the
                                                      assessee in the miscellaneous
                                                      application will have any
                                                      impact on the decision taken by
                                                      the Tribunal or that the decision
                                                      of the Tribunal would have
                                                      been different if the correct
                                                      facts had been considered.
                                                      2.Whether considering the fact
                                                      that there is difference of
                                                      opinion between the two
                                                      Members as to whether the
                                                      factual errors will have any
                                                      impact on the decision of the
                                                      Tribunal or not, can the order be
                                                      recalled for fresh adjudication
                                                      under section 254(2) under
                                                      which, no debatable issues can
                                                      be considered."
                                                      3.Whether on the facts and in
                                                      the circumstances of the case,
                                                      the order of the Tribunal dated
                                                      30.05.2013 deserves to be
                                                      recalled or will it amount to
                                                      review of the order?"







                                                                                                                2
     PUNE BENCHES
1.   ITA             No. M/s Audyogik     S/Shri.             1.     "In    the    facts    and Zonal Vice-    Fixed on
     1712/PN/2007,       Shikshan Mandal, 1. Mukul Shrawat,   circumstances of the case, President(MZ)      01/11/2013
     for A.Y. 2004-05.   Pune,            J.M.                whether the property of the trust
                                          2.D. Karunakara     i.e. car, be held `made
                                          Rao, A.M.           available' for the use of the
                                                              trustee, specified person u/s
                                                              13(3) of the Income Tax Act
                                                              1961?"
                                                              2.     "In    the    facts    and
                                                              circumstances of the case,
                                                              whether the expression `made
                                                              available for the use of' trustee
                                                              ipso facto be understood to have
                                                              been deemed used or applied
                                                              for the benefit of the said
                                                              trustee, with or without the
                                                              actual use or application of the
                                                              property of the trust i.e. car for
                                                              personal benefit of the trustee in
                                                              view of section 13(2) of the
                                                              Income Tax Act 1961?"
                                                              3.       "In the facts and
                                                              circumstances of the case,
                                                              whether the case of the assessee
                                                              falls within the ambit of the
                                                              provisions of clause (b) of
                                                              section 13(2) of the Income tax
                                                              Act 1961?"
                                                              4. "If the answers to above
                                                              questions at sr. No. (1) to (3)
                                                              are affirmative, whether the
                                                              denial of benefits of section 11
                                                              be restricted to such income of
                                                              the trust used or applied directly
                                                              or indirectly for the benefits of trustee
                                                              or, in alternative, the total income of
                                                              the trust is not entitled for the benefits
                                                              of section 11 of the Act.
                                                                                                                          3
      DELHI
     BENCHES
1.   IT(SS)A        No. Mr. Vijay Bansal,   S/Shri           1. "Whether the addition on Hon'ble         Vice-
     438/Del/2005    & Haryana.             1. Hari Om       account      of     undisclosed President (BZ)
     IT(SS)A.22/Del/06                         Maratha,JM.   investment on the investment
                                            2.T.S.Kapoor,    on the education of daughter of
                                            AM.              the assessee, in the block
                                                             period, found to have been
                                                             made has been correctly
                                                             sustained or it deserves to be
                                                             deleted in the given facts and
                                                             the circumstances of the case?

                                                             2. Whether an addition made
                                                             and sustained on account of
                                                             undisclosed investment found in
                                                             the construction of the property
                                                             deserves to be deleted or
                                                             sustained in the given facts and
                                                             circumstances of the case?

                                                             3. Whether any addition can
                                                             be made in the business income
                                                             of the assessee on the basis of
                                                             evidence gathered behind the
                                                             back of the assessee by opening
                                                             a floppy found and seized
                                                             during the search conducted u/s
                                                             132(1) of the Act or not?

                                                             4.    Whether the cash found
                                                             during search from a brief-case
                                                             stands explained, in the given
                                                             facts and circumstances of the
                                                             case or not?




                                                                                                                 4
2.   IT(SS)No. 26    & M/s Haryana         S/Shri               "Whether on the facts and Shri U.B.S. Bedi,
     33/Del/2010       Paneer Bhandar,     1.B.R.Jain,A.M.      circumstances of this case, the J.M.
                       Delhi.              2.Rajpal             requisites as envisaged by
                                           Yadav,J.M.           Section 158 BD of the IT Act
                                                                have not been satisfied before
                                                                issuing notice under section
                                                                158BD of the Act consequently
                                                                requiring quashing of such
                                                                notice?"
     LUCKNOW
     BENCHES
1.   ITA No.             Ms Rajya Krishi   S/Shri               1."Whether" the CIT(A) has              Shri.Barathvja      Hearing is
     141,142,143 &       Utpadan mandi     1. I.S.Verma,J.M.    jurisdiction to decide the              Sankar,Vice        awaited.
     144/LKW/2009        Parishad,         2. N.K.Saini, A.M.   assessee's petition for stay or         President (as per
     C.O.No.06 to        Lucknow                                recovery of demand during the           dt.03.04.2013) of
     09/LKW/2009                                                pendency of assessee's appeal           the        Hon'ble
     A.Y.2001-02,2002-                                          furnished under section 246A of         President)
     03,2003-                                                   the Act?"
     04 &2006-07                                                2. "If the CIT(A) has jurisdiction
                                                                to decide the assessee's petition for
                                                                stay of recovery of demend , than
                                                                under which provisions of law the
                                                                CIT(A) will pass such an order i.e.
                                                                what will be the nature or status of
                                                                such order passed by the CIT(A)?"
                                                                3. "Whether, such order (supra)
                                                                passed by the CIT(A) is
                                                                appealable before the Tribunal
                                                                or not i.e. can such an order be
                                                                appealed against before the
                                                                Tribunal by way of an appeal
                                                                under section 253 of the Act, or
                                                                can be challenged only before the
                                                                Hon'ble High Court by way of
                                                                writ petition?"
                                                                4. "If such an order(Supra) is
                                                                found to be appealable before the
                                                                Tribunal, then can the Tribunal
                                                                entertain such an appeal against
                                                                such order without there being

                                                                                                                                         5
                                                              appeal before it against the order
                                                              of CIT(A) in appeal against the
                                                              order of the Assessing Officer or
                                                              other orders appealable under
                                                              section 246A of the Act, as the
                                                              case may be, for the reason that the
                                                              CIT(A) has not preferred to
                                                              decide the assessee's appeal
                                                              pending before him?"
2.   ITA No.            M/s Zazsons      S/Shri.              "Whether, on the facts and the      Shri. S. V.        Adj.to 21st &
     219/LKW/2009 and   Exports Ltd.     1. I.S.Verma, J.M.   circumstances of the case as        Mehrotra, A.M.     22nd October,
     C.O.No.23/Lck/     Kanpur           2.N.K.Saini, A.M.    well as in law, the Revenue's       (As per order      2013
     2009 A.Y.2005-06                                         ground Nos.3 to 6 be allowed or     dt.21.03.2013 of
                                                              not?"                               the Hon'ble
                                                                                                  President)
3.   SPNo.03/Lkw/2012   Smt.Uma Pandey, S/Shri.               SP No.03/Lkw/2012                  Shri.G.D.Agarwal,   Hearing is
     (A/o ITA                           Sunil Kumar                                              Hon'ble Vice-       awaited.
     188/Lkw/2010)                      Yadav,J.M.            "Whether, the stay earlier President (DZ and
     A.Y. 2007-08                       2.B.R.Jain,A.M.       granted by the Tribunal can be LZ)
     SP.No.04/Lkw/      M/s.State Urban                       extended till disposal of the
     2012               Development                           appeal in a case where the
     (A/o ITA           Agency.                               appeal has been heard by the
     103/Lkw/2012)                                            Tribunal and is pending with
     A.Y. 2007-08                                             the Members for order?"
                                                                                     Sd/-
                                                                                    J.M.
                                                              "Whether, on the peculiar facts,
                                                              circumstances of this case and
                                                              in law, there is any justification
                                                              in extending the stay of the
                                                              disputed demand that already
                                                              had run beyond 365 days or the
                                                              application so made by the
                                                              assessee is liable to be
                                                              rejected?"
                                                                                     Sd/-
                                                                                    A.M.
                                                              SP No.04/Lkw/2012
                                                              "Whether, under the facts and

                                                                                                                                     6
                                                      circumstances of the case, the
                                                      outstanding demand can be
                                                      stayed outrightly or subject to
                                                      payment of part of demand in
                                                      instalments as proposed?"
                                                            Sd/-                Sd/-
                                                           J.M.               A.M


4.   ITA No.        Smt. Uma Pandey S/Shri.           "Whether, under the facts and Shri.G.D.Agarwal, Hearing is
     188/Lkw/2010                   1.Sunil Kumar     circumstances of the case, the Hon'ble Vice-        awaited.
     A.Y. 2007-08                   Yadav,J.M.        payments received by the          President (DZ/LZ)
                                    2.B.R.Jain,A.M.   assessee from M/s. Amit Poly
                                                      Yarn Ltd. (now known as M/s
                                                      Amitech Ind. Ltd) are receipt as
                                                      an advance against sales made
                                                      during      the      course    of
                                                      commercial transactions and
                                                      therefore provisions of section
                                                      2(22)(e) of the Income-tax Act,
                                                      1961 are not attracted to these
                                                      payments or the aforesaid
                                                      payments are purely an
                                                      advance/loan made to the
                                                      assessee,       attracting    the
                                                      provisions of section 2(22)(e) of
                                                      the Act?
                                                       "Whether,      the     issue  of
                                                      allotment of shares for Rs.10
                                                      lakhs can be restored to the
                                                      Assessing Officer to investigate
                                                      the fact as to whether the
                                                      allotment of shares was
                                                      unilateral act of the company i.e
                                                      M/s. Amitech Ind. Ltd. or the
                                                      allotment was done at the instance
                                                      of the assessee in order determine
                                                      the applicability of provisions of
                                                      section 2(22)(e) of the Act to the

                                                                                                                     7
                                                                 benefit accrued to the assessee on
                                                                 allotment of shares or addition of
                                                                 Rs.10 lakhs can be confirmed by
                                                                 holding that benefit accrued to the
                                                                 assessee on allotment of shares
                                                                 attracts provisions of section
                                                                 2(22)(e) of the Act on the basis of
                                                                 material available on record?"
                                                                       Sd/-                     Sd/-
                                                                       J.M.                     A.M
     JABALPUR
     BENCH
1.   ITA No.             Shri. Anil          S/Shri              "Whether on the facts and the Hon'ble                            Fixed on
     327/Jab/2009        Jaiswal, Jabalpur   1.I.S.Verma, J.M.   circumstances of the case as President,                         18.09.2013
     A25/10-2004                             2.B.R.Kaushik,      well as in law, the CIT(A) was I.T.A.T.
                                             A.M.                justified in deleting the addition
                                                                 made, while making assessment
                                                                 under section 153A read with
                                                                 section 143(3) of the Act on
                                                                 protective basis?"
     KOLKATA
     BENCH
1.   ITA Nos.            M/s Shyam Steel     S/Shri              "Whether in the facts and                  Hon'ble Vice-     Not yet fixed
     65/Kol/2010, &      Industries Ltd.,    1.George Mathan,    circumstances of the case the              President
     655/Kol/2011.       Kolkata.            J.M.                power subsidy received by the              Chennai/Kolkata
     A.Y.2006-07 2007-                       2.C.D.Rao,A.M.      assessee is capital in nature or           Zone.
     08                                                          revenue in nature ?"
2.   ITA No.             M/s Ceean           S/Shri              "Whether or not, on the facts              Hon'ble Vice-     Not yet fixed
     1120/Kol/2012.      Commerce (P)        1.Promod Kumar,     and in the circumstances of the            President
     A.Y.2003-04.        Ltd., Kolkata.      A.M.                case and in accordance with the            Chennai/Kolkata
                                             2.Mahavir Singh,    low, the value of sale                     Zone.
                                             J.M.                consideration to be adopted for
                                                                 computing capital gains in the
                                                                 hands of the assessee should be
                                                                 taken at Rs.32,84,300/- or at Rs.
                                                                 56,00,100/-? As the amendment in
                                                                 section 50C by Finance (N0.2) Act,
                                                                 2009, w.e.f. 1.10.2009, is to be treated
                                                                 as clarificatory in nature and
                                                                 retrospective in application".
                                                                                                                                              8
3.   ITA NO.        Sri Partha Mitra,   S/Shri.            1."Whether in view of the             Hon'ble Vice-     Not yet fixed
     848/Kol/2012   Kolkata.            1.Pramod Kumar,    provision of section 254(2A) of       President
                                        AM.                the Act as also the proviso           Chennai/Kolkata
                                        2.George Mathan,   thereto and the decision of the       Zone.
                                        JM.                Hon'ble Supreme Court in the
                                                           case of Chinnayappa Mudaliar
                                                           can the decision of the
                                                           Coordinate Bench of this
                                                           Tribunal in the case of
                                                           Multiplan India Pvt. Ltd. as also
                                                           the decision of the Hon';ble
                                                           Madhya Pradesh High Court in
                                                           the case of Estate of Late
                                                           Tukojirao Holkar - Vs.- CWT
                                                           be held to be applicable on the
                                                           facts of the case"
                                                           2."Whether in terms of the
                                                           provisions of Rule 19(2) of the
                                                           Income Tax Appellate Tribunal
                                                           Rules read with Rule 24 & 25
                                                           (Appellate Tribunal) Rules,
                                                           1963, an appeal can be
                                                           dismissed in limine without
                                                           addressing the merits of the
                                                           appeal     just    because    the
                                                           appellant does not appear"?
                                                           3."Whether the decision in the
                                                           case of Multiplan India Pvt.
                                                           Ltd. 38 ITD 320 (Del.) will
                                                           hold good in law as on i.e. even
                                                           after insertion of Rule 24 & 25
                                                           of Appellate Tribunal Rules,
                                                           1963.?
                                                           4."Whether it is open to the
                                                           Tribunal to dismiss an appeal,
                                                           without addressing itself to the
                                                           merits of issues in appeal, because
                                                           one of the parties has not appeared
                                                           before the Tribunal"?
                                                                                                                                   9
    PATNA BENCH
    (Circuit Bench,
    Ranchi)
1    MA No.                Shri. Ghasi Ram   S/Shri.            "Whether, on the facts and in      Hon'ble Zonal    Pending for
     11 (Pat) / 2007       Agarwal, Ranchi   1. B. R. Mittal,   the circumstances of the case,     Vice President   hearing.
     arising out in                          J.M.               the     application   of     the   (KZ)
     IT(SS)A No.                             2. B.K. Haldar,    department for recall of the
     45/Pat/05) A.Y. 86-                     A.M.               order of the Tribunal dt. 21st
     87 to 97-98                                                June, 2006 passed in IT(ss)A
                                                                No. 91(Pat)/05 to delete the
                                                                amount of Rs.45,823/- is to be
                                                                allowed as held by the learned
                                                                Accountant Member or is to be
                                                                rejected as held by the learned
                                                                Judicial Member."
2   Int. Tax Appeal        M/s Coalsesce     S/Shri.            "Whether, in the facts and         Hon'ble Zonal    Pending for
    Nos. 06 to             Investment (P)    1. B. R. Mittal,   circumstances of the case, the     Vice-President   hearing.
    08/Pat/06              Ltd., Ranchi      J.M.               assessee was liable under the
    A.Ys.1997-98 to                          2. B.K. Haldar,    Interest Tax Act to pay interest
    1999-2000                                A.M.               tax on the gross interest
                                                                received on the loans and
                                                                advances granted by it during
                                                                the     impugned     assessment
                                                                years."
    GUWAHATI
    BENCHES
1   ITA 47, 48 and         M/s Purbanchal    S/Shri.            1.    "Whether, on the facts and Hon'ble            Not yet fixed.
    49(Gau)/2004           Safety Glassess   1.Hemant           circumstances of the case the President,
    A.Y.1996-97, 1997-     (P) Ltd.,         Sausarkar, J.M.    Ld. CIT(A) was justified in I.T.A.T.
    98 &                   Guwahati.         2.B.R.Kaushik,     deleting the additions made by
    1998-99                                  A.M.               the A.O. under section 69 of the
                                                                Act as undisclosed investment
                                                                amounting to Rs. 9,21,461/-,
                                                                Rs.2,20,990 and Rs.3,66,526/-
                                                                for the assessment years 1996-
                                                                97, 1997-98 and 1998-99
                                                                respectively on the ground that
                                                                the reassessments made by the
                                                                A.O. for the assessment years in
                                                                                                                                     10
question were based on the
information received from
Bureau        of     Investigation
(Economic                 Offence)
(Guwahati) and that the
information was based on
material     and     documentary
evidence to substantiate the
assessments?"
2.     "Whether on the facts and
in the circumstances of the case
the order of the Ld.CIT(A) is
required to be set aside with the
direction to decide the issue
afresh after giving proper
opportunity to the assessee on
the      relevant      information
received by the A.O. on
25.02.2003 from the Bureau of
Investigation           (Economic
Offence)?"
3. "Whether, on the facts and in
 the circumstances of the case,
 the Ld. Judicial Member was
 justified in holding that the
 issuance of notice u/s 148
 cannot hold good and,
 therefore, the assessment u/s
 143(3) r.w.s. 147 of the Act is
 illegal, unjustified and void or
 the Ld. Accountant Member
 was justified in holding that the
 reopening of assessment and
 subsequent assessment made by
 the A.O. is justified?"
As per the order dt.16.04.2008
of the Hon'ble President
"All the three questions would be
considered u/s 255(4) by the
President."
                                     11
2.   ITA Nos. 96, 97 &  Brooke Bond   S/Shri.           1. "Whether, the learned Shri.Pramod        Adjourned Sine
     98(Gau)/2002       India Ltd.,   1.Hemant          CIT(A) has erred in law and in Kumar,A.M.   -die
     A.Y.1990-91, 1991- Calcutta.     Sausarkar, J.M.   facts in directing the A.O. to
     92, 1992-93                      2.B.R.Kaushik,    consider the income from
                                      A.M.              interest and dividend as
                                                        business income for the purpose
                                                        of eligible deduction u/s 32AB
                                                        of the Act, in view of the
                                                        decision in the case of CIT Vs.
                                                        Dinjoy Tea Estate (P) Ltd.
                                                        (1997) 224 ITR 263 (Gau), 271
                                                        ITR 123 (Cal), 273 ITR 470
                                                        (Mad) and 224 ITR 263
                                                        (Gau)?"
                                                        2. "Whether, this Bench of the
                                                        Tribunal working under the
                                                        jurisdiction of the Hon'ble
                                                        Guwahati High Court can allow
                                                        the claim of the assessee that
                                                        income from interest and
                                                        dividend is to be taken as
                                                        business income for the purpose
                                                        of eligible deduction u/s 32 AB
                                                        of the Act in view of the
                                                        decisions in the cases of (i)
                                                        Britania Industries Ltd. Vs.
                                                        JCIT (2004) 271 ITR 123 (Cal)
                                                        and (ii) DCIT Vs.United
                                                        Nilgiris    Tea    Estate    Co.
                                                        Ltd.(2005) 273 ITR 470
                                                        (Mad)?"
                                                        3. "Whether, on the facts and
                                                        circumstances of the case the claim
                                                        of expenditure of Rs.94,363/- and
                                                        Rs.1,26,718/- attributable to the
                                                        foreign tour of Mrs. R. Sen, wife
                                                        of the director, Mr. D. Sen, was
                                                        not wholly and exclusively for the
                                                        purpose of business?"

                                                                                                                     12
                                                                  4. "Whether, in view of change
                                                                  of stand by the assessee
                                                                  regarding nature and purpose of
                                                                  expenditure taken before the
                                                                  Ld.CIT(A) for the first time the
                                                                  issue was required to be
                                                                  restored to the A.O. for fresh
                                                                  adjudication after enquiring into
                                                                  the claim of the assessee?"

3.   ITA No.              Shri. Shyam         S/Shri.             (1) "Whether, on the basis of Hon'ble             Not yet fixed.
     09/Gau/2006          Sunder Malpani,     Hemant Sausarkar,   facts and in the circumstances President,
     A.Y.2002-2003        Jorhat              J.M.                of the case, the assessee is I.T.A.T.
                                              B.R.Kaushik,        entitled to deduction u/s 80IB?"
                                              A.M.                (2) "Whether, in view of the
                                                                  decision in the case of CIT Vs
                                                                  Down Town Hospital Ltd. 251
                                                                  ITR 683 (Gau), the issue was
                                                                  required to be restored to the
                                                                  learned CIT(A) for fresh
                                                                  adjudication after ascertaining
                                                                  whether all the conditions u/s
                                                                  80 IB are fulfilled?"
4.   ITA 161/Gau/2003     M/s 3R,             S/Shri              1. "Whether in the facts and Shri.                Not yet fixed
     Block period f       Gauwahati.          1. Hement           circumstances of these cases the D.K.Tyagi,J.M.
     1989-90 to 1998-99                       Sausarkar, J.M.     block    assessments can   be
     & 1999-2000.                             2. B.R.Kaushik,     considered invalid?"
                                              A.M.                2. "Whether, in the facts and
     ITA 162/Gau/2004     M/s Panbazar                            circumstances of these cases it
     Block period 1989-   Diagnostic                              can be held that the A.O. did
     90 to 1998-99 &      Centre, Guwahati.                       not bring on record the prima
     1999-2000                                                    facie evidence for invoking ------ do -------
                                                                  jurisdiction and initiation of
                                                                  proceedings u/s 158 BD of the
                                                                  Act?"







                                                                                                                                     13
     CHENNAI
     BENCH
1.   ITA 759/Mds/2008   M/s Laurel   S/Shri.              1. For that on the facts and           Shri
                        Apparels,    1. N.S.Saini,A.M.    circumstances of the case and          N.Barathvaja
                        Tirupur.     2. Challa Nagendra   considering the decision of the        Sankar, Vice-
                                     Prasad,J.M.          Hon'ble AP High Court in the           President, (BZ)
                                                          case of Spectra Shares and Scrips
                                                          Pvt. Ltd Vs. CIT [2013] 354 ITR
                                                          35(AP) when the CIT has held the
                                                          order of assessment passed by the
                                                          Assessing Officer as erroneous as
                                                          well as prejudicial to the interests
                                                          of the Revenue on the ground of
                                                          non-following of the decision of
                                                          jurisdictional High Court, can such
                                                          revisional order passed u/s 263 by
                                                          the CIT be upheld by the Tribunal
                                                          on the ground that the order passed
                                                          by the Assessing officer was
                                                          erroneous and prejudicial to the
                                                          interests of the Revenue on the
                                                          ground that assessment order was
                                                          passed by the Assessing officer
                                                          without application of mind?
                                                          2. For that on the facts and
                                                          circumstances of the case, the
                                                          Tribunal, without going through
                                                          the assessment records, can arrive
                                                          at the conclusion that the
                                                          assessment order was passed by
                                                          the Assessing Officer without
                                                          calling for any details with regard
                                                          to the claim made by the assessee
                                                          u/s 80IB of the Act in respect of
                                                          duty drawback nor made any
                                                          enquiry before allowing such
                                                          deduction while completing the
                                                          assessment, especially when the
                                                          authority whom power of revision
                                                          is vested by the law had not so
                                                          found or alleged?


                                                                                                                   14
                                                            3. For that on the facts and
                                                            circumstances of the case, when
                                                            the CIT in exercise of power
                                                            available with him u/s 263 of the
                                                            Act has directed to withdraw the
                                                            deduction allowed u/s 80IB in
                                                            respect of duty drawback and has
                                                            not restored the issue back to the
                                                            file of the Assessing Officer for
                                                            passing the order afresh after
                                                            application of mind, can the
                                                            Tribunal conclude that the CIT
                                                            was of the opinion that the
                                                            assessment order passed by the
                                                            Assessing Officer was erroneous
                                                            on the ground of non-application
                                                            of mind by the Assessing Officer
                                                            in respect of the issue involved?
                                                            4.For that on the facts and
                                                            circumstances of the case, the
                                                            order of the CIT should have been
                                                            upheld by the Tribunal as opined
                                                            by the ld. JM or to have been held
                                                            as untenable as opined by the
                                                            AM.?
     BANGALORE
     BENCH
1.   MP.No            Shri Mahesh       S/Shri/Smt.          1."Whether, on the facts and in Hon'ble   Vice- Fixed on
     41/Bang/2010     Hasmukh Boriya,   1.P.Madhavi Devi,   the circumstances of the case, President (BZ)    08/11/2013
     (ITA 773/B/10)                        J.M.             there is any mistake apparent
                                        2. A.Mohan          from record       rectifiable u/s
                                          Alankamony,       254(2) of the IT Act, when the
                                          A.M.              Tribunal      adjudicated     the
                                                            Revenue's appeal on the sole
                                                            ground of limitation in favor of
                                                            the Revenue, but not remitted
                                                            back the issue to CIT(A) for
                                                            adjudication on merits when
                                                            such       an       issue      of
                                                            remission/merits was not before
                                                            the Tribunal either by a prayer
                                                                                                                          15
                                                          submission or cross objection
                                                          by the Assessee/AR other than
                                                          the only argument to defend his
                                                          ground on technicality?"
                                                          2."Whether, the inclusion of a
                                                          copy of a favourable judgment
                                                          to the assessee on the issue of
                                                          merits in the paper book
                                                          produced before the ITAT
                                                          would amount to be a ground or
                                                          submission       enabling     the
                                                          assessee     to     invoke    the
                                                          rectification jurisdiction of the
                                                          Tribunal, when during the
                                                          course of the hearing there were
                                                          no      such    arguments      or
                                                          submission on merits/remission
                                                          before the Tribunal by the
                                                          Assessee/AR?"




     AHMEDABAD
     BENCH
1.   ITA.No.462/Ahd/02 Redex Protech   S/Shri,            "Whether,        the     learned Hon'ble Vice Date awaited
     C.O. 28/Ahd/2002, Pvt. Ltd.,      1. D.K.Tyagi,JM.   Commissioner of Income-tax President
     ITA No.823/Ahd/04                 2. A.Mohan         (A)-IX, Ahmedabad has erred ( Ahd. Zone)
                                       Alankamony,AM.     in law and on facts in
                                                          entertaining the appeal in gross
                                                          violation of provisions of
                                                          section 249(4) of the Income-
                                                          tax Act, 1961 even as the
                                                          assessee had not paid admitted
                                                          tax on the returned income?




                                                                                                                       16
     CHANDIGARH
     BENCH
1.   ITA No.            Shri . R.K.Garg     S/Shri .             Per J.M.                          Hon'ble Vice   Adjourned
     142/CHD/1999                           1.M.A.Bakshi, VP     1. "Whether, on the facts and in President       sine-die
     A.Y.97-98                              2. N.K.Saini. A.M.   the circumstances of this case, (Chandigarh)
     ITA 550, 489, 586,                                          the    guarantee    commission
     587 & 588/CHD/99                                            received by the assessees is a
     A.Y.87-88, 90-91,                                           revenue receipt or a capital
     98-99, 1999-2000 &                                          receipt?"
     2000-2001                                                   2. "Whether, the decision of the
                                                                 Tribunal in assessee's own case
                                                                 for the assessment year 88-89 to
                                                                 the effect that the guarantee
                                                                 commission is a revenue receipt
     ITA No.             Smt. Sunaina                            is inapplicable in view the
     143/CHD/1999        Garg                                    decision of the Hon'ble Madras
     A.Y.97-98                                                   High Court in the case of CIT v.
     ITA Nos. 589, 590                                           Pondicherry            Industrial
     & 591/CHD/2002                                              Promotion Development &
     A.Y. 1998-99,                                               Investment Corporation Ltd.
     1999-2000,                                                  (supra), and the decision of
      2000-2001                                                  Delhi High Court in the case of
                                                                 Suessen Textile Bearings Ltd.
     ITA 503/CHD/2002    Shri . R.K.Garg,                        etc. v. Union of India etc.
     A.Y. 1997-98        & Sons(HUF)                             (supra)?"
                                                                 3. "Whether, on the facts and in
                                                                 the circumstances of the case,
                                                                 the additional ground raised by
                                                                 the revenue for the assessment
                                                                 year 90-91 only deserves to be
                                                                 admitted and matter for all the
                                                                 assessment years remitted to the
                                                                 CIT(A)      for    giving     an
                                                                 opportunity to the AO to
                                                                 distinguish the two High Courts cases,
                                                                 referred to above notwithstanding the
                                                                 fact that both the Members of the
                                                                 Bench have decided the issue relating
                                                                 to assessability of the guarantee
                                                                 commission on merits?"
                                                                                                                              17
Per A.M.
1. "Whether, on the facts and in
the circumstances of the case, it
could be held that the guarantee
commission received by the
assessees against their personal
assets was a capital receipt?"
2. "Whether, on the facts and in
the circumstances of the case
and also in law, the Ld. CIT(A)
should have provided and
opportunity of being heard to
the Assessing Officer when
there was a specific direction by
the Tribunal to do so, before
arriving at a conclusion on the
basis of judgment of Hon'ble
Delhi High Court in the case of
Suessen Textile bearing Ltd.
and others V Union of India,
CC2 JJX 0082 and Hon'ble
 Madras High Court in the case
of CIT V. Pondicherry Indl
Promotion     Development       and
Investment Corp. Ltd. (2000) 245
ITR 859, that the amount received
by assessees was a capital receipt.




                                      18
     AMRITSAR
     BENCH
1.   IT(SS)A No.       Sh.Vinod Goel       S/Shri            Shri H.S.Sidhu.                  Zonal Vice     Pending for
     14/ASR/2005.                          1. H.S. Sidhu,   1.        "Whether, on the facts President(CZ)   fixation
                                           J.M.             and in the circumstances of
     IT(SS)A           M/s Sidhant         2.Mehar          present case, the issues in the
     No.13/ASR/2005.   Deposits &          Singh,A.M.       present appeals are covered by
                       Advances(P) Ltd.                     the decision of the Hon'ble
     IT(SS)A           M/s Trimurti                         Supreme Court in the case of
     No.12/ASR/2005    Deposits &                           Manish Maheshwary Vs. ACIT
                       Advances (P) Ltd.                    (2007) 289 ITR 341 (SC) and
                                                            the decision of the Hon'ble
                                                            jurisdictional High Court in
                                                            Income tax Appeal No.519 of
                                                            2009 decided on 20-7-2010 in
                                                            the case of CIT-I, Ludhiana Vs.
                                                            Mridula Prop. Dhruv fabics,
                                                            Ludhiana?"
                                                            2.        "Whether, on the facts
                                                            and in the circumstances of the
                                                            present case, non-production of
                                                            records by the revenue in spite
                                                            of various opportunities given
                                                            to them, benefit should go to the
                                                            revenue or the asessee?"
                                                            3.        "Whether, on the facts
                                                            and in the circumstances of the
                                                            present case, it is mandatory a
                                                            pre-requisite       that      the
                                                            satisfaction to be recorded in
                                                            the cases of persons searched
                                                            before issuance of notice under
                                                            section 158 BD of the Income
                                                            tax Act. 1961 to the assesse i.e.
                                                            other person?"
                                                            Shri. Mehar Singh,AM.
                                                            1.              "Whether on the
                                                            facts and on law, valid Block
                                                            Assessments can be cancelled,
                                                                                                                           19
on the ground of assumed non-
production of record indicating
recording of satisfaction u/s
158BD, in a case where such
satisfaction is duly evidenced
by documents available in the
paper book filed by the Deptt.
and reproduced verbatim in the
order dated 06.12.2006 passed
by the Bench and subsequent
M.A.dated             21.01.2009,
dismissed by the Bench, without
even        considering      such
satisfaction?'
2.        " Whether, on the facts
and on law Block Assessments
can be cancelled by applying
the decision of jurisdictional
High Court, relied upon by the
assessee, which lays down the
law that satisfaction under
section 158BD be recorded
before the conclusion of the
Block      Assessments      under
section 158BC of the Act, in the
absence of vital details of dates
of completion of such block
assessment being determinative
factor, in determining the
applicability of the said
decision, where the parties to
the disputes failed to furnish
such dates?"




                                    20
     JAIPUR BENCH
1.   ITA No.        M/s. Mahaveer      S/Shri             Shri R.K. Gupta, JM.                Hon'ble Vice   Pending
     937/Jp/2011    Exports, Jaipur.   1.R.K.Gupta, JM.   1. "Whether, in the facts and       President
                                       2.Sanjay           circumstance, the addition of       (Ahmedabad
                                       Arora,A.M.         Rs.3,58,455/- made by one of        Zone)
                                                          the partners S mt.Kanta
                                                          Nowlkha is liable to be deleted
                                                          or to be confirmed?"
                                                          2. "Whether, in the facts and
                                                          circumstances, the addition of
                                                          Rs. 1,00,000/- each in the name
                                                          of Shri Nem Chand Nowalkha
                                                          and Shri Pankaj Ghiya of the
                                                          assessee firm made as capital
                                                          contribution is liable to be
                                                          deleted or liable to be set aside
                                                          to the file of the Assessing
                                                          Officer?"
                                                          3. "Whether, in view of the
                                                          decision        of       Hon'ble
                                                          Jurisdictional High Court in
                                                          case of Kewal Krishan &
                                                          Partners, 18 DTR 121 (Raj.) the
                                                          entire    capital    contribution
                                                          made/contributed      prior    to
                                                          commencencement of business
                                                          in liable to be deleted or to be
                                                          confirmed in part and partly to
                                                          be set aside to the file of
                                                          Assessing Officer ?"

                                                          Shri Sanjay Arora,AM.
                                                          1. "Whether, section 68 of the
                                                          Income-tax Act, 1961 can be
                                                          invoked where the assessee fails
                                                          to satisfactorily explain the
                                                          nature and source of a case
                                                          credit found recorded by him in
                                                          his books of account for the
                                                                                                                       21
relevant year, or is the Revenue
also required to establish that
the assessee had in existence a
source of income before the
date on which such cash credit
was recorded, i.e., in order to
treat the same as unexplained
u/s. 68?"

2. "Whether, the addition of the
impugned sums as unexplained
credits u/s.68 can be deleted on
the sole ground that the assessee
had no source of income prior
to the date on which the same
were found recorded in the
assessee's books of account,
notwithstanding the fact that it
has completely failed to
discharge the burden of
satisfactorily explaining the
nature and source thereof?"
3. "Whether, the view that a
cash credit recorded in the
books of account of a
partnership firm ostensibly as
capital contributed by a partner
cannot       be      treated     as
unexplained u/s.68 in the hands
of the firm even if the
assesseefirm          fails      to
satisfactorily explain the nature
and source thereof, and more
particularly if its fails to adduce
evidence to establish that the
alleged capital was actually
contributed by the partner, is
sustainable in law in view of the
decision by the Hon'ble
                                      22
                                                           jurisdictional high court in CIT
                                                           v.     Kishorilal     Santoshilal
                                                           (1995)216 ITR 9 (Raj.)?"
                                                           4.1 "Whether, can capital be
                                                           contributed by a partner to a
                                                           partnership-firm prior to the
                                                           coming into existence of the
                                                           said firm? In any case, whether
                                                           the claim of capital contribution
                                                           by way of transfer of goods on
                                                           June 1,2006 can be accepted in
                                                           view of the fact that the
                                                           assessee-firm itself came into
                                                           existence     only    on      July
                                                           11,2006?"
                                                           "Is the remand in the case of
                                                           two cash credits of Rs. 1 lac
                                                           each in the name of two
                                                           partners justified under the facts
                                                           and circumstances of the case,
                                                           even as contemplated by the
                                                           Hon,ble jurisdictional high
                                                           court in the case of Rajshree
                                                           Synthetics (P) Ltd. v. CIT
                                                           (2002) 256 ITR 331 (Raj.)?"
2.   ITA No.363 &      M/s Escorts Heart S/Shri            Shri R.K.Gupta,J.M.                Hon'ble Vice     Adjourned
     326/Jp/2011       Institute &       1. R.K.Gupta,     1.      Whether in the facts and President (Delhi   sine-die.
     A.Y.2008-09.      Research             JM.            circumstances of the case, the Zone)
                       Centre,Jaipur.    2. SanjayArora,   provisions of section 194J are
     ITA               Escort Heart         AM.            applicable on the payments
     No.1123/Jp/2011   Super Speciality                    made to blood bank ?"
     A.Y.2009-10.      Hospital                            2.      Whether in the facts and
                       Ltd.,Jaipur.                        circumstances of the case, the
                                                           provisions of section 192 or
                                                           section 194J are applicable in
                                                           case of retainer doctors ?
                                                           3.      Whether in the facts and
                                                           circumstances of the case, on
                                                           the mark up/profits earned by
                                                                                                                           23
Fortis Health World Ltd.
(FHWL) on sale of medicines to
the assessee is a commission
chargeable to tax under section
194H or is a sale on which
provisions of section194H are
not applicable?
4.      Whether in the facts and
circumstances of the case, on
the    mark      up/profits   the
provisions of section 194C can
be invoked by the Tribunal
where neither this is a case of
department nor of the assessee ?
    Shri Sanjay Arora, AM.
1.1 Whether the payments to
the blood banks for carrying out
investigation procedures, are, in
the facts and circumstances of
the case, made by the assessee-
hospital or by its patients?
1.2 Whether, while deciding an
issue under appeal, the tribunal
required     to      apply     its
independent mind thereon,
without being influenced by the
decision by the first appellate
authority for a subsequent year,
particularly when the same was
not pressed during hearing and,
accordingly, the parties not
heard thereon?
2. I am in agreement with the
Question No. 2 as proposed by
my ld. Brother, JM.
3.1       Whether, can on the
admitted set of facts brought on
record by the parties, the
inferential finding/s by the
                                     24
                                                           Appellate Tribunal differ from
                                                           that of either party before it, or
                                                           is it to necessarily match
                                                           therewith? Further, is not the
                                                           tribunal duty bound to, in
                                                           deciding an issue before it,
                                                           apply the law as applicable to
                                                           the facts found by it, including
                                                           such inferential finding/s?
                                                           3.2     Whether, in the facts and
                                                           circumstances of the case, the
                                                           supply of medicines by Fortis
                                                           Health World Ltd.(FHWL) to the
                                                           assessee-company for its IPD
                                                           Pharmacy,       constitutes    an
                                                           independent business being
                                                           carried on by FHWL, or is the
                                                           said supply only the result of
                                                           the work carried out by its
                                                           relevant manpower, whose
                                                           services      stand       already
                                                           contracted to the assessee
                                                           company and subject to tax
                                                           deduction u/s. 194C of the Act?
3.   ITA              Smt. Meena Baid, S/Shri              Whether in the facts and Shri R.S. Syal,   Adjourned
     No.534/JP/2011   Jaipur.           1.R.K.Gupta,J.M.   circumstances of the case, the A.M.        sine-die.
                                        2.Sanjay Arora,    order of Ld. CIT(Appeals) is
                                        A.M.               liable to be confirmed or to be
                                                           reversed?
                                                                                Sd/-
                                                                        (R.K.Gupta,J.M.)

                                                           1.      Is the decision in the
                                                           instant appeal, in the facts and
                                                           circumstances of its case,
                                                           governed, or liapble to be so, by
                                                           the principle or doctrine of
                                                           precedence by the decision by
                                                           the Tribunal in the case of ITO
                                                                                                                  25
                                                            Vs. Ratan Lal Baid(in ITA No.
                                                            572/JP/20-09 dated 30-10-
                                                            2009), which proceeds on the
                                                            premises that the impugned
                                                            transactions (in that case) are
                                                            genuine and, further, form part
                                                            of the assessee's business, or
                                                            not so?
                                                            2.       "Whether, in the facts
                                                            and circumstances of the instant
                                                            case, the impugned transactions
                                                            are collusive and sham, so that
                                                            loss ascribed thereto is to be
                                                            ignored, and is in any case a
                                                            capital loss or a speculative
                                                            loss, or not so ?"
                                                                               Sd/-
                                                                       Sanjay Arora,A.M.
4.   ITA No. 224/JU/04   M/s.Hindustan    S/Shri            1. Whether on the facts and in Hon'ble Vice
     ITA No. 298/JU/04   Zinc Ltd.,      1.R.K.Gupta,J.M.   the circumstances of the case, President (Delhi
                         Udaipur.        2.Sanjay Arora,    the issue in respect of Zone)
                                         A.M.S/Shri         disallowance         of       Rs.
                                                            1,65,50,475/- on account of
                                                            prior period expenses is liable
                                                            to be restored to the file of the
                                                            A.O. or liable to be confirmed.?

                                                            2.Whether on the facts and in
                                                            the circumstances of the case,
                                                            the issue in respect of
                                                            disallowance of Rs. 304,82 lacs
                                                            out of extra-ordinary items
                                                            relating to the amount written
                                                            off as a result of the closure of
                                                            Degana Tungsten Mine Unit is
                                                            liable to restored back to the file
                                                            of the A.O. or liable to
                                                            confirmed ?

                                                                                                              26
3. Whether on the facts and in
the circumstances of the case,
the issue in respect of deleting
the disallowance of Rs.
6,88,62,383/- being the Mine
Development Expenses is liable
to be deleted or to be set aside
to the file of the ld. CIT(A)?

4. Whether on the facts and in
the circumstances of the case,
the issue in respect of deleting
the disallowance of Rs. 3.50
crores made by the A.O. u/s
40A(9) of I.T. Act is liable to be
deleted or to be set aside to the
file of the A.O.?
                    Sd/-
              (R.K.Gupta,J.M.)

1.(a) Whether the finding by the
authorities below that the
assessee's claim qua prior
period expenses (for Rs.165.50
lakhs) does not represent any
disputed liability crystallized
during the relevant year is
correct on facts and has also not
been suitably met before the
Tribunal, as was also found by
it for the immediately two
preceding years, meriting its
dismissal, or it is not so, so that
the matter would require a set
aside to the file of the assessing
authority for verification?
(b) In any view of the matter, is
there any scope for application
of the decisions in the case of
                                      27
CIT v. Nagri Mills Co.
Ltd.[1958] 33 ITR 681 (Bom.)
and CIT v. Vishnu Industrial
Gases (P).Ltd. (Del.,in ITA
No.229/1988 dated 06/5/2008),
relied upon by the assessee, in
the facts and circumstances of
the case?

2.(a) Does the question as to
whether        the     assessee's
Unit(Degana Mine) constitutes
a distinct and separate business
or not, a relevant factor in
deciding its claim in respect of
`Extraordinary Items', made at
Rs. 304.82 lakhs?
(b) Whether the assessee's said
claim can, in any case, be
decided on the basis of the
material on record, or it
required to be set aside back to
the file of the Assessing Officer
for fresh determination and
adjudication?

3.(a) Whether, the adjudication
of the assessee's claim in
respect of `Mine Development
Expenses'      (for     Rs.688.62
lakhs.) made in two separate
sums of Rs. 568.07 lakhs and
Rs. 120.55 lakhs, is , in the facts
and circumstances of the case,
to be made considering it as a
single claim, or separately?
(b) Whether, in any view of the
matter, the said issue warrants
being set aside back to the file
                                      28
                                                         of the A.O. for considering the
                                                         factual aspects of the case as
                                                         well as the decision by the
                                                         Tribunal for the immediately
                                                         two        preceding        years,
                                                         particularly for A.Y. 1996-97
                                                         (vide      order      in     ITA
                                                         No.46/JU/2004               dated
                                                         30.3.2009), and a decision in
                                                         light thereof, as well as the law
                                                         as explained by the Hon'ble
                                                         courts of law, as in the case of
                                                         CIT v. Pioneer Minerals [1992]
                                                         107 CTR (Raj.) 230, or
                                                         warrants being allowed as
                                                         claimed, i.e., under section
                                                         37(1) of the Act, in full?

                                                         4. Whether the issue qua the
                                                         disallowances under section
                                                         40A(9) of the Act (at Rs.350
                                                         lakhs) is to be set aside for
                                                         passing a speaking order in
                                                         accordance with law after
                                                         considering the facts of the
                                                         case, as also decided by the
                                                         Tribunal for immediately two
                                                         preceding years, of is to be
                                                         allowed in the facts and
                                                         circumstances of this year?
5.   ITA No.       M/s Grass Field     S/Shri            "Whether on the peculiar facts Hon'ble Vice
     730/JU/2011   Farms & Resorts     1.B.R.Jain,AM.    and circumstances of this case, President (Delhi
                   Pvt. Ltd.,Jaipur.   2. V.Durga Rao,   there is any justification in Zone)
                                       JM.               sustenance of penalty imposed
                                                         under section 271(1) ( c) of the
                                                         Act?"




                                                                                                            29
     JODHPUR
     BENCH
1.   ITA No.362(JU)/10   Smt. Supriya       S/Shri              "Whether, on the facts and Hon'ble            Vice- Fixed to
                         Kanwar, Jodhpur.   1. JoginderSingh,   circumstances of the case, solitary President       03/10/2013
                                               J.M.             transaction of purchase and sale of (Mumbai Zone)
                                            2. K.G.Bansal,      the same agricultural land with
                                               A.M.             standing crops situated beyond the
                                                                prescribed      municipal limits,
                                                                amounts to adventure in the nature
                                                                of trade?"
                                                                                    Sd/-
                                                                           (Joginder Singh,JM)
                                                                "Whether, on the facts and in
                                                                the circumstances of the case
                                                                and sale of five pieces of
                                                                agricultural land with standing
                                                                crop, by way of separate
                                                                conveyance deeds, beyond the
                                                                prescribed distance from any
                                                                municipal council, amount to
                                                                transactions on capital account
                                                                or adventure in the nature of
                                                                trade?"
                                                                                       Sd/-
                                                                                 (K.G.Bansal)
                                                                                     A.M.

     RAJKOT BENCH
1.   MA. Nos. 61 to      Shambhubhai        S/Shri              "Whether on the facts and            Hon'ble    Vice Adjourned
     66/Rjt/2010(A.O. of Mahadev Ahir,      1.T.K.Sharma, JM.   circumstances of the case, all the   President,      sine-die.
     ITA Nos. 637 to     Gandhidham.        2.D.K.Srivastava,   six Miscellaneous Applications       (Ahmedabad
     639 & 707 to                           AM.                 filed by the Revenue should be       Zone)
                                                                dismissed or be allowed?"
     709/Rjt/2010)




                                                                                                                                 30
                               INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCHES, MUMBAI

                            LIST OF THIRD MEMBER CASES HEARD AND PENDING FOR ORDERS AS ON 16.09.2013.

Sr.   Appeal No.            Name of the         Bench                 Points involved                                   To Whom         Remarks
No                          Assessee                                                                                    assigned
      GUWAHATI BENCH
1.    ITA No. 25/Gau/2005   M/s Baid            S/Shri.               "Whether, on the facts and in the Shri.Pramod                     Heard on
      A.Y.1996-97           Commercial          1.Hemant Sausarkar,   circumstances of the case the transport Kumar,A.M.                04.04.2012
                            Enterprises Ltd.,   J.M.                  subsidy is to be treated as capital in nature in
                            Guwahati.           2.B.R.Kaushik, A.M.   view of decisions in the following cases-
                                                                      i) CIT Vs Assam Asbestos Ltd. 215 ITR 847                         Heard on
2.    ITA No. 20/Gau/2005   M/s Shiva Sakti                           (Gau)                                                             04.04.2012
      A.Y.2001-2002         Floor Mills (P)                           ii) Sahney Steel & Press Works Ltd. And
                            Ltd., Tinsukia                            Others Vs CIT 228 ITR 253 (SC)
      C.O.No.02/Gau/2005                                              iii) DCIT Vs Assam Asbestos Ltd. (2003)
                                                                      263 ITR 357 (Gau)
                            M/s Virgo                                 iv) CIT Vs Rajaram Maize Products Ltd. 251                        Heard on
3.    ITA No.165/Gau/2004   Cements Ltd.,                             ITR 427(SC) and                                                   03.04.2012
      A.Y.2001-2002         Gauwahati.                                v) Sdarda Plywood Industries Ltd. Vs.CIT 238
                                                                      ITR 354(Cal).
      MUMBAI BENCH
3.    ITA 5724/M/2011       M/s.                S/Shri.                  Shri . I.P.Bansal, J.M.                   Shri                 Heard on
      ITA 5163/M/2011       D.H.Securities       1.I.P. Bansal,J.M.                                                U.B.S.Bedi,          13.09.2013
      A.Y.2008-2009         Pvt.Ltd.             2.B.Ramakotaiah,     Whether on the facts and in the J.M.
                                                A.M.                  circumstances of the case disallowance
                                                                      under section 14A of the Income Tax Act,
                                                                      1961(the Act) can be made where dividend
                                                                      income has been earned on the shares held as
                                                                      stock in trade?

                                                                      Shri. Sanjay Arora, A.M.
                                                                      1.      Whether it is permissible for the
                                                                      Tribunal to base its' decision on the decisions
                                                                      by the co-ordinate benches which were
                                                                      neither cited nor referred to at the time of
                                                                      hearing, or even before the authorities below,
                                                                                                                                   31
without confronting them to the parties, in
view of the settled principles of natural
justice, applied by the hon'ble jurisdictional
high court in, inter alia, the case of Naresh K.
Pahuja Vs. ITAT [2009] 224 CTR(B0m)
284?

    2. Whether the judgment of the Hon'ble
Karnataka High Court in CCI Ltd. Vs. Jt.
CIT [2012] 250 CTR 291 (Kar), which has
not considered the applicability of the
judgment of the hon'ble jurisdictional high
court in Godrej & Boyce Manufacturing Co.
Ltd. Vs. Dy. CIT [2010] 328 ITR 81 (Bom)
to the issue under appeal, can be followed, as
it has been in the decisions referred to by the
ld. J.M. in his dissenting order, or is the said
judgment of the hon'ble jurisdictional high
court, which has since been followed by the
Hon'ble Calcutta high court in Dhanuka &
Sons Vs. CIT [2011] 339 ITR 319 (Cal),
continues to hold the field in respect of the
issue under appeal?

3. Whether the decision by the Hon'ble
Karnataka High Court in CCI Ltd. (supra) is
the solitary judgment by a high court, as
observed by the ld. JM in his dissenting
order, notwithstanding the fact that the
Hon'ble Calcutta high court has also dealt
with the issue under appeal, considering the
decision by the apex court in CIT Vs. Walfort
Share and Stock Brokers P.Ltd. [2010] 326
ITR 1 (SC) (supra) as well as by the Hon'ble
jurisdictional high court in Godrej & Boyce
(supra)?

4. Whether the tribunal can be said to have
taken a consistent view in the matter, as
                                                   32
observed by the ld. JM in his dissenting
order, notwithstanding the fact that the
tribunal has also, as in American Express
Bank Ltd. (in ITA No. 5904 &
6022/Mum/2010 dated 08.08.2012) and Dy.
CIT Vs. Damani Estated & Finance Pvt. Ltd.
( in ITA No. 3029/Mum/2012 dated
17.07.2013),      following   the    Hon'ble
jurisdictional high court in Godrej & Boyce
(supra) and Hon'ble Calcutta high court in
Dhanuka & Sons (supra), taken a view in
conformity with the said judgments?

5. Whether the order as proposed by the
A.M. is by culling out and based on the
principles of apportionment governing the
application of section 14A, as explained by
the hon'ble court in Godrej & Boyce (supra),
upholding the order by the tribunal passed
following the decision in ITO Vs. Daga
Capital Management Pvt. Ltd. (2009) 117
ITD 169 (Mum)(SB), or does the same
represent an out of context reading of the said
decision by the jurisdictional High Court,
which is therefore not germane or relevant to
the issue?

6. Whether, even on facts, can it be at all
said that no expenditure in relation to the
dividend income stands incurred by an
assessee where the shares yielding such
income are held as stock-in-trade?




                                                  33

 
 
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