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2023 (4) TMI 147 - AT - Income TaxProcedure when assessee claims identical question of law is pending before High Court or Supreme Court - filing declaration u/s. 158A(1) of the Act in Form No. 8 - assessment of income - as decided in Gautam R. Chadha [2011 (7) TMI 514 - DELHI HIGH COURT] 25% of the booking advance received should be treated as the income of the Assessee assuming that there are no cancellations and Assessee shall be entitled to 10% of the travel agents commission after ascertaining the actual outgoings in this regard - aforesaid order passed by the Hon’ble Delhi High court was challenged by the legal heirs of Mr. Gautam R. Chadha by filing Civil Appeal before the Hon’ble Apex Court as pending - HELD THAT:- As not refuted by the Revenue Department that the issues involved in the instant appeal are similar to the issues involved pending for adjudication before the Hon’ble Apex Court and decision of the Supreme Court would be binding on the parties and the Assessee shall not file any reference and/or any statutory appeal either before the Hon’ble High Court or before the Hon’ble Apex Court qua the issues involved in the instant appeal. Hence, considering the fact that as on today decision on the issues under consideration raised by the Assessee is against the Assessee and therefore in view of the provisions of section 158A(1) of the Act, declaration in Form No. 8 filed by the Assessee u/s. 158A(1) of the Act and certificate issued by the AO u/s 158A(3) of the Act, the instant appeal is liable to be dismissed, with liberty to the Assessee to seek modification of this order, as per outcome of the decision by the Hon’ble Apex Court on the identical issues as involved in this case. Assessee’s Appeal stands dismissed
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