TMI BlogLitigation management when in an appeal by revenue an identical question of law is pending before jurisdictional High Court or Supreme Court.X X X X Extracts X X X X X X X X Extracts X X X X ..... the Act provides that where the Commissioner or Principal Commissioner is of the opinion that any question of law arising in the case of an assessee (relevant case) is identical with a question of law arising in his case for another assessment year (other case) which is pending in appeal before the Supreme Court against an order of High Court which was in favour of assessee, he may direct the Asse ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he case of an assessee for any assessment year ( relevant case ) is identical with a question of law already raised in his case or in the case of any other assessee for an assessment year, which is pending before the jurisdictional High Court under section 260A or the Supreme Court in an appeal under section 261 or in a special leave petition under article 136 of the Constitution, against the orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ls) or within one hundred and twenty days from the date of receipt of the order of the Appellate Tribunal, as the case may be, stating that an appeal on the question of law arising in the relevant case may be filed when the decision on the question of law becomes final in the other case. The Commissioner or Principal Commissioner shall direct the Assessing Officer to make such an application only ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ay be, against such order. 6. It is also proposed that for the purposes of the proposed section, collegium shall comprise of two or more Chief Commissioners or Principal Commissioners or Commissioners of Income-tax, as specified by the Board in this regard. 7. In order to illustrate the point, it may be supposed that a question of law (Q1)A1 has arisen in case of an assessee (A1) and the A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he introduction of section 158AB, a sunset clause is proposed to be inserted in sub-section (1) of section 158AA to provide that no direction shall be given under the said sub-section on or after 1st April, 2022. This amendment will take effect from 1st April, 2022. [Clauses 51 and 52] Full Text : Budget 2022-23 + FINANCE Bill, 2022 - FAQ - Frequently Asked Questions, T ..... X X X X Extracts X X X X X X X X Extracts X X X X
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