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Pending Special Bench Matters (As Of 16 July 2018)

This is the official list of the cases pending before the Special Benches of the Income Tax Appellate Tribunal as of 16.07.2018



MUMBAI BENCHES

Name of the assessee Mashreq Bank PSC
ITA Nos and AYs ITA 1342/M/2006
Coram to whom assigned Shri G. S. Pannu, A.M, Shri. Mahavir Singh, JM, Shri Saktijit Dey, JM (Vide order dt. 17.04.2018)
Questions involved  
Status Date awaited
 
Name of the assessee J.P. Morgan Chase
Bank
ITA Nos and AYs ITA 91891M104 & CO No. 139/M/13, A.Y. 1998-99
Coram to whom assigned Shri R.S. Syal, V.P, Shri. Mahavir Singh, JM, Shri Saktijit Dey, JM, (Vide Mumbai Benches U.O. dt. 10.01.2018.)
Questions involved "Whether an income which is not subject to tax on the doctrine ofmutuality can be construed to be an"income which does not form part of thetotal income under this Act", asunderstood for the purposes of section14A of the Act?"
Status Date awaited

BANGALORE BENCHES

Name of the assessee Shri C. Ramaiah
Reddy
ITA Nos and AYs ITA 38/B/1997
Coram to whom assigned Sh.Sunil Kr. Yadav, JM, Sh. A.K. Garodia, AM, Sh. I. Rama Rao, AM
Questions involved  
Status Blocked. Pending before the Karanataka High Court

AHMEDABAD BENCHES

Name of the assessee The People’s Co-op. Credit Society Ltd., Deesa.
ITA Nos and AYs ITA Nos.2668,2669 8s 2670/Ahd/2012 & C.O.Nos.10,11,12/ Ahd/ 2012
Coram to whom assigned Hon’ble President, Shri.Promod Kumar, A.M, Shri.Rajpal Yadav, J.M, Vide H.O. U.O. dt. 14.06.2015.
Questions involved 1."Whether the assessee being a Co- operative Credit Society, in view of its function in providing credit facilities to its members, is into the business of banking and is it not being impeded or hit by the provisions of section 80P(4) of I.T. Act, 1961? Further, in view of section 5 of Banking Regulation Act, 1949 and section 2 of NABARD Act, 1981, whether this Co-operative Credit Society is carrying on the Banking Bank?" Business, and for all practical purposed acting like a Co-operative.

2. "Whether a Co-operative Credit Society being providing credit facility to its members can be held as banking function, so as to deny the benefit of Section 80P(2)(a)(i) by invoking the provisions of section 80P(4)?"

Status Adjourned Sine die.Pending before Gujarat High Court.

RAJKOT BENCHES

Name of the assessee Chaitnaya Cineworld Pvt. Ltd.
ITA Nos and AYs IT(SS)A No.1 & 2/Rjt/2013
Coram to whom assigned Shri Rajpal Yadav,JM, Shri N.K. Billaiya, AM, Shri S.S.Godara, JM
Questions involved

Per Judicial Member:-

“Whether, on the facts and in the circumstances of the case, the learned CIT(A) was justified in directing the Assessing Officer to allow the deduction of Rs.94,31,453 and Rs.57,61,294 under section 80IB(7A) for the assessment years 2006-07 and 2007-08 respectively.”

Per Accountant Member:-

“Whether, on the facts and in the circumstances of the case, the learned CIT(A) is right in directing the Assessing Officer to allow the deduction of Rs.94,31,453 and Rs.57,61,294 under section 80IB, being the amount of entertainment tax collected by the assessee company under Gujarat Entertainment Tax and retained by it as an incentive profit under the Incentive Scheme notified by the Government, for the assessment years 2006-07 and 2007-08 respectively, ignoring the principles laid down by Hon’ble Supreme Court in Liberty India Vs CIT, 317 ITR 218 (SC).”

Status Date awaited

CHANDIGARH BENCHES

Name of the assessee State Bank of India (Successor of State Bank of Patiala)
ITA Nos and AYs ITA No.510, 538 & 1259/Chandi/2017
Coram to whom assigned Shri R.S.Syal, VP, Smt. Diva Singh, JM, Shri B.R.R. Kumar, AM
Questions involved

“Whether deduction under section 36(1)(viia) of Income Tax Act 1961 r.w.r. 6ABA of the Income Tax Act 1962 is to be allowed on the total outstanding advances including opening balances upon which the assessee bank has already claimed such deduction in earlier years or the same has to be allowed in respect of incremental advances made during the year ?”

Status Date awaited

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