9911796707
TMI Blog2018 (3) TMI 1899X X X X Extracts X X X X X X X X Extracts X X X X ..... tative for the assessee, filed an application under Section 158A(1) of the Income-tax Act, 1961 (in short 'the Act') in Form No.8 claiming that the issue arises for consideration in these appeals are pending before the Madras High Court on the appeals filed by the assessee under Section 260A of the Act for the assessment years 1989-90, 1992-93, 1993-94 and 1997-98. According to the Ld. representative, the assessee agrees to apply the decision that may be taken by the Madras High Court in the pending appeals for the years under consideration before the Tribunal. On the basis of the above said application, this Tribunal called for the comments of the Assessing Officer. The Assessing Officer filed his report dated 26.02.2018 through th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... filed the undertaking in a prescribed form as provided under Section 158A of the Act, the issue needs to be kept in abeyance till the Madras High Court decides the appeals of the assessee. 5. We heard the Ld. representative for the assessee and the Ld. Departmental Representative and we have also carefully gone through the provisions of Section 158A of the Act. The provisions of Section 158A of the Act reads as follows:- PROCEDURE WHEN ASSESSEE CLAIMS IDENTICAL QUESTION OF LAW IS PENDING BEFORE HIGH COURT OR SUPREME COURT. (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 Assessing Officer or any appellate authori ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s the case may be, may, by order in writing,-- (i) admit the claim of the assessee if he or it is satisfied 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 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 in appeal before the High Court under section 260A or t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 4. After going through the questions of law framed by the High Court and the issue arises for consideration before this Tribunal in respect of the present appeals, we are satisfied that the issue arising before this Tribunal in the present appeals are identical with the questions of law, which are pending before the High Court for adjudication for the assessment years 1989-90, 1992-93, 1993-94 and 1997-98. Since the assessee filed the declaration agreeing not to raise the questions of law before any other appellate authority and apply the decision that may be rendered by the Madras High Court, this Tribunal is of the considered opinion that the issue raised by the assessee before this Tribunal needs to be kept in abeyance till the disposal ..... X X X X Extracts X X X X X X X X Extracts X X X X
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