Category: Pendency

Vide Order dated 24th July 2017, the Hon’ble President of the ITAT has directed that a Bench in Kolkata be transferred to Surat. The jurisdiction of the Surat Bench will be the Districts of Bharuch, Narmada, Navsari etc.

The Hon’ble President has taken the aforesaid decision pursuant to the representations made by the Tax Bar that there is growing pendency of matters in Surat and that the professionals and taxpayers find it difficult to travel to Ahmedabad for the hearing of their appeals

The ITAT has complimented the CBDT for issuing Circular No. 21/ 2015 dated 10th December 2015 and stating therein that all pending appeals of the department with a monetary limit not exceeding Rs. 10,00,000 shall be withdrawn/ not pressed. The ITAT has acted with remarkable alacrity to give effect to the said Circular of the CBDT. Over the weekend and past few days, the Hon’ble Members, Registrar and Bench Clerks have been involved in sorting through thousands of appeals and identifying the ones that qualify for dismissal pursuant to the said Circular

With a view to implement Circular No. 21/2015 dated 10th December 2015 issued by the CBDT (which states that even pending appeals of the department with a monetary tax effect of Rs. 10,00,000 or less should be withdrawn/ not pressed), Hon’ble Justice (Retd) Dev Darshan Sud, President of the ITAT, has issued a notice dated 14.12.2015 requesting all representatives to furnish a list of departmental appeals where the tax effect does not exceed the monetary limit of Rs. 10 lakhs and which are covered by the said Circular. It is stated that all possible efforts should be made to furnish such information containing requisite details, viz., appeal number, date of filing, name of the assessee etc. in the office of the Assistant Registrar (Judicial) as expeditiously as possible, preferably by 18th December, 2015

Vide Order dated 9.3.2012, Shri. G. E. Veerabhadrappa, the Hon’ble President of the Tribunal, has withdrawn the reference to the 5 Member Special Bench of the Tribunal in the case of Tandon information Soluations Pvt. Ltd, ITA No. 6591/M/07 for the A.Y.2003-04

To address the scathing criticism of the Finance Minister about the mindless litigation undertaken by the Department, the CBEC has issued detailed instructions to streamline the filing of appeals by the department. The CBEC has directed the officers to scrupulously follow the instructions contained in the circular and threatened that deviations would be viewed seriously.

In M/s Prasad Productions Ltd, a Special Bench, Chennai, has been constituted to hear the following question: “Whether for the purposes of sections 201(1) and 201(1A), when an assessee responsible for making payment to a Non-resident, has not applied to the Assessing Officer u/s 195(2) for deduction of tax at a lower or Nil rate of tax, he is under statutory obligation to deduct tax at source computed on the entire payment to the Non-resident treating the same as income chargeable to tax, in the light of decision of the Apex Court in the case of Transmission Corporation of A.P. Ltd. v. CIT(239 ITR 587)?” The matter was heard by the Bench compromising Hon’ble Shri P P Parikh, Shri N Barathvaja Sankar and Shri Hari Om Maratha on November 3, 2009. In view of the judgement of the Karnataka High Court in Samsung Electronics, the matter has been refixed for hearing on January 27, 2010.

A Special Bench in the case of M/s Times Guaranty Ltd has been constituted to decide the following question: “On the facts and circumstances of the case, whether the unabsorbed depreciation relating to A.Y. 1997-1998 to 1999-2000 is to be dealt with in accordance with the Provisions of Section 32(2) as applicable for A.Y. 1997-1998 to 1999-2000 as claimed by the revenue or the same has to be dealt with in accordance with the said provisions as applicable to A. Y. 2003-04 and 04-05 as claimed by the Assessed”

All – India details (as on 1st February 2008) of pendency of matters in the Income Tax Appellate Tribunal is available here.