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)
Avoiding repetitive appeals: collegium may defer departmental appeals where identical legal questions are pending, subject to assessee acceptance. Where a collegium of senior tax commissioners considers a legal question in a taxpayer's assessment identical to one pending before a High Court or the Supreme Court, it may direct the Principal Commissioner or Commissioner not to file an immediate appeal to the Appellate Tribunal or the High Court. The Principal Commissioner or Commissioner must then direct the Assessing Officer to apply to the Tribunal or High Court that an appeal on that question may be filed once the other case is finally decided; this step requires the assessee's acceptance that the questions are identical, and if final decisions differ the department may later file appeals within prescribed time limits.
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.
Avoiding repetitive appeals: collegium may defer departmental appeals where identical legal questions are pending, subject to assessee acceptance.
Where a collegium of senior tax commissioners considers a legal question in a taxpayer's assessment identical to one pending before a High Court or the Supreme Court, it may direct the Principal Commissioner or Commissioner not to file an immediate appeal to the Appellate Tribunal or the High Court. The Principal Commissioner or Commissioner must then direct the Assessing Officer to apply to the Tribunal or High Court that an appeal on that question may be filed once the other case is finally decided; this step requires the assessee's acceptance that the questions are identical, and if final decisions differ the department may later file appeals within prescribed time limits.
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