TMI BlogFiling of appeals by the Department after insertion of Section 158AB in the Income Tax Act, 1961X X X X Extracts X X X X X X X X Extracts X X X X ..... Building, Parliament Street, New Delhi. Dated: 29th September, 2022 To, All the Principal Chief Commissioners of Income Tax Subject: - Filing of appeals by the Department after insertion of Section 158AB in the Income Tax Act, 1961 - reg. Ref: - Board's letter F. No. 279/Misc.142/2007-ITJ(Pt.) dated 20.08.2018. Kind reference is drawn to the above. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ection the following may be noted for necessary compliance. 3. The following terminology is proposed in respect of para 4 below: (i) D : cumulative tax effect (in Rs.) of the disputed demand of the grounds for which appeal is sought to be deferred i.e., where identical question of law is pending as per section 158AB of the Act. (ii) R : cumulative tax effect (in Rs.) of the di ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... in the year in which the final decision jn the identical question of law is received in favour of Revenue in Y f . (ii) In cases where multiple grounds are contested and section 158AB is applicable only to certain grounds, the guidelines for filing appeal are as follows: (A) where the total tax effect of all the disputed grounds (i.e., grounds to which section 158AB is applicable ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... unds to which section 158AB is applicable may be deferred in view of the provisions of that section, and ii. appeal may not be filed on the residual grounds. (b) in Y f, the year in which the final decision on the identical question of law is received in favour of Revenue, appeal is to be filed on the grounds to which section 158AB is applicable. 5. The above shall come into e ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
