Appeals involving s. 14A / Daga Capital to be blocked

INCOME TAX APPELLATE TRIBUNAL, NEW DELHI

432-Jd (A.T.D.-CS)/2009
August 24, 2009

O R D E R

I have received several requests from different assesses for constituting a larger bench of five Members to review the decision in the case of Daga Management Pvt. Ltd. (ITA.No.8057/M/03 dated 20.10.2008).

I have also come across judicial order of ITAT Delhi Bench ‘F’ in the case of G.E. Capital Services India comprising of S/Shri G.E. Veerabhadrappa. Vice President and Shri George Mathan, Judicial Member on this very issue where the Bench, after considering all relevant facts and circumstances and after finding that similar issue has already been taken up as substantial question of law by the Hon’ble Bombay High Court, directing that hearing of the matter should be postponed by six months. This order has also been followed by some Benches at Bombay. Having in mind these judicial orders, I am of the view that hearing of all matters, in which Special Bench decision in the case of Daga Capital Management Pvt.Ltd. is sought to be reviewed by the assessee, should not be heard and blocked upto January, 2010 or till the disposal of the matter by the Bombay or any other High Court, whichever is earlier.

This order be conveyed to all Benches for compliance.
Sd/-
(Vimal Gandhi)
PRESIDENT


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