Mechanisms for Avoidance of Repetitive Appeals under Indian Income Tax Statutes : Clause 375 of Income Tax Bill, 2025 Vs. Section 158A of the Income Tax Act, 1961
13 June, 2025
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Avoidance of repetitive appeals: a declaration procedure lets an assessee defer identical legal issues pending higher court decisions. Clause 375 permits an assessee to file a prescribed declaration to defer litigation where an identical question of law is pending in another case before a ... Summary
Avoidance of repetitive appeals: a declaration procedure lets an assessee defer identical legal issues pending higher court decisions.
Clause 375 permits an assessee to file a prescribed declaration to defer litigation where an identical question of law is pending in another case before a higher forum; the authority must verify the claim with a report from the Assessing Officer and an opportunity to be heard, and may admit or reject the claim by reasoned written order which is final. If admitted, the case may be disposed of without awaiting the other case's decision, the assessee is barred from raising the issue in further appeals for that case, and the final decision in the other case must be applied, with amendment of earlier orders if necessary.
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