Section 158AA of ITA, 1961 : Section 158Aa: Procedure When In An Appeal By Revenue An Identical Question Of Law Is Pending Before Supreme Court

ITA, 1961

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Explanation using Example

Imagine a business owner, Mr. Gupta, has been assessed for income tax for the financial year 2018-19 and the Commissioner of Income Tax (CIT) has identified a legal question regarding the deductibility of certain expenses. This same legal question was also identified in Mr. Gupta's assessment for the financial year 2017-18, and the case for that year is currently pending before the Supreme Court.

The CIT believes that the question of law for both years is identical. Instead of directing the Assessing Officer to appeal the 2018-19 case to the Appellate Tribunal...

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