Chapter XII-DA - SPECIAL PROVISIONS RELATING TO TAX ON DISTRIBUTED INCOME OF DOMESTIC COMPANY FOR BUY-BACK OF SHARES (From Section 115QA to Section 115QC)
Part C - Procedure for filing of return in respect of fringe benefits, assessment and payment of tax in respect thereof (From Section 115WD to Section 115WM)
Chapter XX-B - REQUIREMENT AS TO MODE OF ACCEPTANCE, PAYMENT OR REPAYMENT IN CERTAIN CASES TO COUNTERACT EVASION OF TAX (From Section 269SS to Section 269TT)
Identical question of law: procedure allows assessee to stay raising the question in appeals by filing a verified declaration. Where an assessee claims a question of law in a current assessment or appeal is identical to one pending in another higher court proceeding, the assessee may file a prescribed verified declaration to the Assessing Officer or appellate authority; the authority must seek an Assessing Officer's report if appropriate, may allow hearing, and may admit or reject the claim in writing. If admitted, the authority may dispose of the relevant case without awaiting the higher court decision, the assessee is barred from raising that question in appeal, and the final decision in the other case must be applied and orders amended if necessary.
Cases where this provision is explicitly mentioned in the judgment/order text; may not be exhaustive. To view the complete list of cases mentioning this section, Click here.
Provisions expressly mentioned in the judgment/order text.
Identical question of law: procedure allows assessee to stay raising the question in appeals by filing a verified declaration.
Where an assessee claims a question of law in a current assessment or appeal is identical to one pending in another higher court proceeding, the assessee may file a prescribed verified declaration to the Assessing Officer or appellate authority; the authority must seek an Assessing Officer's report if appropriate, may allow hearing, and may admit or reject the claim in writing. If admitted, the authority may dispose of the relevant case without awaiting the higher court decision, the assessee is barred from raising that question in appeal, and the final decision in the other case must be applied and orders amended if necessary.
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