Section 40 - Insertion of new section 158AA- Procedure when in an appeal by revenue an identical question of law is pending before Supreme Court

Identical question of law: procedure permits deferring revenue appeals pending final decision and conditional appeals.

Where the Commissioner considers a question of law in an assessee's case identical to one pending before the Supreme Court in another assessment year, he may direct the Assessing Officer to apply to the Appellate Tribunal to defer filing an appeal until the Supreme Court decision becomes final. Such direction requires the assessee's acceptance that the questions are identical; without acceptance, the Commissioner proceeds with the usual direction to appeal. If the Commissioner (Appeals) order conflicts with the final Supreme Court decision, the Commissioner may direct an appeal to the Appellate Tribunal, to be filed within sixty days of communication of the Supreme Court's order.