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Ask your queries or reply to others' queries => Discussion => Topic started by: PANKAJ JAIN on June 02, 2009, 11:53:32 AM

Title: Daga Capital
Post by: PANKAJ JAIN on June 02, 2009, 11:53:32 AM
Dear Freinds,

Is Daga decision (SB on applicability of section 14A) been referred to larger bench ?
Title: Re: Daga Capital
Post by: bhaveshformals on June 02, 2009, 03:39:22 PM
As far as I know, there has been no reference to any larger bench.


CA. Bhavesh Savla.




Title: Re: Daga Capital
Post by: PANKAJ JAIN on June 02, 2009, 06:51:32 PM
It seems that the larger bench has been referred to in the following cases fixed in Delhi:

"the Honorable Vice President, New Delhi while adjudicating the matter in Bench 'F' in the cases of GE Capital TPT Finance Services Ltd. & GE Capital Services India (ITA Nos. 3159/04, 3160/04, 2069/06, 2190/06, 3198/04 & 3200/04) has stated that the decision of ITAT Special Bench, Mumbai in case of Daga Capital Management (P) Ltd. – ITA No. 8057/Mum/03 reported in 117 ITD 169 needs to be reconsidered and may be referred to the larger bench or special bench."

However, the same is pending before the president for his order and approval..

There are talks as to Bombay High Court been upset with the decision of Daga and will take up the matter ASAP.

In any case the decison of Daga seriously needs reconsideration.

Regards,
Title: Re: Daga Capital
Post by: bhaskar rao on June 02, 2009, 09:04:14 PM
Dear Sir,

Can we not apply under RTI to get official information. Hon'ble President should make position clear for benefit of all concerned.

Yours faithfully,

Bhaskar Rao, ITP.