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K.C.SINGHAL, R.S.SYAL, G.C.GUPTA
Income-tax Officer, Ward 6(2)(2), Mumbai – Appellant
Versus
Daga Capital Management (P. ) Ltd. – Respondent


Advocates Appeared:
S.D. Srivastava,Vipul Joshi, Ajay Vora, Sameer Dalal, Kunal Reshamala Interveners, Rohit Jain. Mrs. K.C. Patel

ORDER

Per K.C. Singhal, Vice President. - The Hon’ble President, ITAT, vide order dated 4-7-2007 has constituted the Special Bench in the case of M/s. Daga Capital Management Pvt. Ltd., Mumbai to adjudicate upon the following issue :

"Whether, in the facts and in the circumstances of the case and in law, the provisions of section 14A of the Income-tax Act, 1961, are applicable with respect to dividend income earned by the assessee engaged in the business of dealing in shares and securities, on the shares held as stock-in-trade and when earning of such dividend income is, therefore, incidental to trading in shares?"

as well as to dispose of the appeal on merits.

2. Subsequently, the Hon’ble President vide order dated 17-10-2007 has directed the Bench to dispose of the following appeals also :

Sr. No.
ITA No.
Appellant
Respondent
State
1.
ITA No.
M/s.
ITO, Ward 3(3),
Delhi
 
183/Delhi/2005
Cheminvest
New Delhi
 
 
 
Ltd., New Delhi
 
 
2.
ITA No. 2048/
M/s.
DCIT, Circle
Delhi
 
Delhi/2005
Cheminvest
3(1), New Delhi
 
 
 
Ltd., New Delhi
 
 
3.
ITA No. 1372/

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