Section 18C - Procedure when assessee claims identical question of law is pending before High Court or Supreme Court - Wealth Tax Act, 1957

1 [CHAPTER IVA SPECIAL PROVISION FOR AVOIDING REPETITIVE APPEALS Procedure when assessee claims identical question of law is pending before High Court or Supreme Court. 18C. 2 (1) Notwithstanding anything contained in this Act, where an assessee claims that any question of law arising in his case for an assessment year which is pending before the 3 [Assessing Officer] or any appellate authority (such case being hereafter in this section referred to as the relevant case) is identical with a question of law arising in his case for another assessment year which is pending before the High Court or the Supreme Court on a reference under section 27 4 [or in appeal under section 27A before the High Court]or in appeal before the Supreme Court under section 29 (such case being hereafter in this section referred to as the other case), he may furnish to the 5 [Assess ing Officer] or the appellate authority, as the case may be, a declaration in the prescribed form and verified in the prescribed manner, that if the 6 [Assessing Officer] or the appellate au thority, as the case may be, agrees to apply to the relevant case the final decision on the question of law in the other case, he shall not raise such question of law in the relevant case in appeal before any appellate authority or 7 [in appeal before the High Court under section 27A or the Supreme Court under section 29]. (2) Where a declaration under sub-section (1) is furnished to any appellate authority, the appellate authority shall call for a report from the 8 [Assessing Officer] on the correctness of the claim made by the assessee and, where the 9 [Assessing Officer] makes a request to the appellate authority to give him an oppor tunity of being heard in the matter, the appellate authority shall allow him such opportunity. (3) The 10 [Assessing Officer] or the appellate authority, as the case may be, may, by order in writing, (i) admit the claim of the assessee if he or it is satis fied that the question of law arising in the relevant case is identical with the question of law in the other case ; or (ii) reject the claim if he or it is not so satisfied. (4) Where a claim is admitted under sub-section (3), (a) the 11 [Assessing Officer] or, as the case may be, the appellate authority may make an order disposing of the relevant case without awaiting the final decision on the question of law in the other case ; and (b) the assessee shall not be entitled to raise, in relation to the relevant case, such question of law in appeal before any appellate authority or 12 [in appeal before the High Court under section 27A or the Supreme Court under section 29]. (5) When the decision on the question of law in the other case becomes final, it shall be applied to the relevant case and the 13 [Assessing Officer] or the appellate authority, as the case may be, shall, if necessary, amend the order referred to in clause (a) of sub-section (4) conformably to such decision. (6) An order under sub-section (3) shall be final and shall not be called in question in any proceeding by way of appeal, refer ence or revision under this Act. Explanation . In this section, (a) "appellate authority" means the 14 [Deputy Commissioner (Appeals)], or the Commissioner (Appeals) or the Appellate Tribu nal ; (b) "case", in relation to an assessee, means any proceed ing under this Act for the assessment of the net wealth of the assessee or for the imposition of any penalty on him.] ------------------------ Notes:- 1. Inserted by the Taxation Laws (Amendment) Act, 1984, w.e.f. 1-10-1984. 2. See rule 4C and Form DB. By the Wealth Tax Rules, 1957 3. Substituted vide the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Wealth-tax Officer" 4. Inserted by the Finance Act, 2002, w.e.f. 1-6-2002. 5. Substituted vide the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Wealth-tax Officer" 6. Substituted vide the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Wealth-tax Officer" 7. Substituted for "for a reference before the High Court or the Supreme Court under section 27 or in appeal before the Supreme Court under section 29" by the Finance Act, 2002, w.e.f. 1-6-2002. 8. Substituted vide the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Wealth-tax Officer" 9. Substituted vide the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Wealth-tax Officer" 10. Substituted vide the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Wealth-tax Officer" 11. Substituted vide the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Wealth-tax Officer" 12. Substituted for "for a reference before the High Court or the Supreme Court under section 27 or in appeal before the Supreme Court under section 29" by the Finance Act, 2002, w.e.f. 1-6-2002. 13. Substituted vide the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Wealth-tax Officer" 14. Substituted vide the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1988. Before it was read as:- "Appellate Assistant Commissioner"