2024 (9) TMI 794 - HC - Income Tax

Revenue Granted Permission to File Appeal Post-Decision on Similar Case; Assessee Consents; No Costs Imposed.

Asst. Commissioner of Income Tax CIR-2, Pune Versus Sandvik IT Services AB & Ors.

The HC granted the revenue's application under Section 158AB of the Income Tax Act, 1961, allowing the appeal to be filed after the pending appeal's ... Application filed by the revenue u/s 158A(b) - 'Procedure where an identical question of law is pending before High Courts or the Supreme Court” - HELD THAT:-The provision stipulates a procedure under which, inter alia, on a consent being granted by the assessee as provided for under sub-section (3) of Section 158AB any legal proceedings are kept in abeyance and depending on the outcome of the pending proceedings, a decision appropriate to a case is permitted to be taken to initiate proceeding against the assessee as contemplated under subsection (4) & (5). As stated that the respondent / assessee had issued a letter of acceptance to the Applicant / Revenue that the question of law in the other case is identical to that arising in the present case. Having perused the provisions of Section 158AB as also Rule 16 of the Income Tax Rules, 1962, as also the record which annexes Form 8A which sets out all the necessary details qua the proceedings as noted hereinabove, in our opinion, the application needs to be accepted as consented by the respondent / assessee. Issues:Application under Section 158A (b) of the Income Tax Act, 1961 read with Rule No. 16 of the Income Tax Rules, 1962 regarding a similar question of law pending before the High Court for different assessment years.Analysis:The judgment pertains to an application filed by the revenue under Section 158A (b) of the Income Tax Act, 1961, in light of the newly inserted Section 158AB by the Finance Act, 2022. Section 158AB aims to address situations where identical questions of law are pending before the High Courts or the Supreme Court, intending to streamline legal proceedings and avoid unnecessary litigation. The provision outlines a procedure where legal proceedings can be kept in abeyance based on the consent of the assessee until a decision is reached in the pending proceedings, allowing for appropriate action to be taken against the assessee. The judgment extensively quotes Section 158AB, emphasizing the importance of consent from the assessee in such cases.The revenue contended that similar questions of law are pending before the High Court for previous assessment years while the present case pertains to a different assessment year. The collegium, in this case, decided that as a similar question of law is under consideration for a previous assessment year, the revenue should be permitted to file an appeal after a decision is made in the pending appeal. The respondent/assessee had issued a letter of acceptance to the revenue, acknowledging the similarity of the legal question in the present case to that of the pending appeal. The application sought permission from the High Court to file an appeal post the decision in the pending appeal, in accordance with Section 158AB of the Income Tax Act, 1961.Upon reviewing the provisions of Section 158AB and Rule 16 of the Income Tax Rules, 1962, along with the annexed Form 8A containing relevant details of the proceedings, the court found merit in the application and accepted it as consented by the respondent/assessee. Consequently, the Miscellaneous Application was allowed in terms of the prayer clauses presented in the application. The judgment was disposed of accordingly, with no costs imposed on either party.