Procedure when in an appeal by revenue an identical question of law is pending before Supreme Court - Section 158AA - Income Tax - Ready Reckoner - Income Tax

Procedure when in an appeal by revenue an identical question of law is pending before Supreme Court [ Section 158AA ] Section 158AA is applicable during the 1st June 2015 to 31st March 2022. section 158AB is applicable with effect from 1st April 2022 (1) Notwithstanding anything contained in this Act, where the Commissioner or Principal Commissioner is of the opinion that any question of law arising in the case of an assessee for any assessment year ( relevant case ) is identical with a question of law arising in his case for another assessment year ( other case ), which is pending before the Supreme Court, - in an appeal under section 261 or - in a special leave petition under article 136 of the Constitution , against the order of the High Court in favour of the assessee he may, instead of directing the Assessing Officer to appeal to the Appellate Tribunal under section 253(2) or (2A) , - direct the Assessing Officer to make an application to the Appellate Tribunal in the prescribed form within 60 days from the date of receipt of the order of the Commissioner (Appeals) stating that an appeal on the question of law arising in the relevant case may be filed when the decision on the question of law becomes final in the other case. No such direction shall be given on or after the 1st day of April, 2022. [ Section 158AA(1) ] (2) The Commissioner or Principal Commissioner shall direct the Assessing Officer to make an application under section 158AA(1) - only if an acceptance is received from the assessee to the effect that the question of law in the other case is identical to that arising in the relevant case; and - in case no such acceptance is received , the Commissioner or Principal Commissioner shall proceed in accordance with the provisions contained in section 253(2) or (2A). [ Section 158AA(2) ] (3) Where the order of the Commissioner (Appeals) referred to in section 158A(1) is not in conformity with the final decision on the question of law in the other case, - the Commissioner or Principal Commissioner may direct the Assessing Officer to appeal to the Appellate Tribunal against such order and save as otherwise provided in this section all other provisions of Part B of Chapter XX shall apply accordingly. [ Section 158AA(3) ] - Every appeal under section 158AA(3) shall be filed within 60 days from the date on which the order of the Supreme Court in the other case is communicated to the Commissioner or Principal Commissioner. [ Section 158AA(4) ]