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« 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,