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TMI Blog2024 (9) TMI 1525X X X X Extracts X X X X X X X X Extracts X X X X ..... cordingly allowed in terms of prayer clauses (a) (b). - G. S. KULKARNI SOMASEKHAR SUNDARESAN, JJ. For the Applicant : Mr. Suresh Kumar. For the Respondents : Mr. Ruturaj Gurjar. P.C. 1. This is an application filed by the revenue under Section 158A (b) of the Income Tax Act, 1961 read with Rule No. 16 of the Income Tax Rules, 1962. 2. Mr. Suresh Kumar, learned counsel for the Applicant / Revenue would submit that Section 158AB was inserted by Finance Act, 2022 with effect from 1 April 2022, providing for a procedure where an identical question of law is pending before High Courts or the Supreme Court . The object of this provision appears to be to avoid unnecessary litigation, when identical questions of law are involved either in the ass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ch assessee (such case being herein referred to as the other case), the collegium may, decide and inform the Principal Commissioner or Commissioner not to file any appeal, at this stage, to the Appellate Tribunal under sub-section (2) of section 253 or to the jurisdictional High Court under sub-section (2) of Section 260-A in the relevant case against the order of 2[the Joint Commissioner (Appeals) or the Commissioner (Appeals)] or the Appellate Tribunal, as the case may be. (2) The Principal Commissioner or the Commissioner shall, on receipt of a communication from the collegium under sub-section (1), notwithstanding anything contained in sub-section (3) of section 253 or clause (a) of sub-section (2) of Section 260-A, direct the Assessing ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... isdictional High Court, as the case may be, against such order and save as otherwise provided in this section all other provisions of Part B and Part CC of Chapter XX shall apply accordingly. (5) Every appeal under sub-section (4) shall be filed within a period of sixty days to the Appellate Tribunal or one hundred and twenty days to the High Court, as the case may be, from the date on which the order of the jurisdictional High Court or the Supreme Court in the other case is communicated to the Principal Commissioner or the Commissioner (having jurisdiction over the relevant case), in accordance with the procedure specified by the Board in this behalf. Explanation . For the purposes of this section, collegium means a collegium comprising of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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