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 G. E. Veerabhadrappa, the Hon’ble President of the Tribunal, has withdrawn the reference to the 5 Member Special Bench of the Tribunal in the case of Tandon information Soluations Pvt.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.

The Question which had been referred to the Special Bench was:

“Whether or not, on the facts and in the circumstances, deduction u/s 10A is to be allowed without setting off of brought forward losses of earlier year?”

The appeal is now posted before the Division Bench on 19.04.2012 to consider the assessee’s request for withdrawal of the appeal.

Circular No. 935/25/2010-CX

F. No. 390/Misc./100/2009-JC

Government of India

Ministry of Finance

Department of Revenue

(Central Board of Excise & Customs)

New Delhi, dated the    21st   September 2010

To,

1. All Chief Commissioners and Director Generals under the Central Board of   Excise and Customs.

2.  CDR, Customs, Excise & Service Tax Appellate Tribunal.

3. All Commissioners of Customs / Central Excise/ Service Tax /All Joint Chief Departmental Representatives / Commissioner, Directorate of Legal Affairs

4.  <webmaster@cbec.gov.in>

Sub:-    Measures to streamline the processing of departmental litigation before the Courts and Tribunal – reg.

Sir / Madam,

It has been the constant endeavor of the Board to streamline the procedures relating to processing of departmental litigation before the Supreme Court, High Courts and CESTAT.  Several circulars/ instructions have been issued by the Board, in the past, in this regard prescribing the procedure to be followed and precautions to be taken by the field formations. However, it has been observed that more than 50% of the proposals received by the Board suffer from infirmities including delays beyond limitation period. It has to be appreciated that the Courts take serious note of such procedural infirmities and considerable effort, resource and time go into rectifying them. Further, Courts do not condone delays unless there is adequate justification for the same. The Board has taken a serious note of the matter and it has been decided to fasten accountability wherever SLP/Civil Appeal Proposal is received by the Board without observance of due procedure or with infirmities or later than the prescribed time frame. The field formations are therefore directed to scrupulously follow the instructions contained in this circular. Needless to say that any deviation, without plausible explanation, would be viewed seriously.

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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 23rd February 2010.

Anybody desirous of addressing the Hon’ble Bench on the issue may contact the Asst. Registrar, ITAT, Chennai.

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”

More details are available here.