Section 158A of Income Tax Act "Procedure when assessee claims identical question of law is pending before High Court or Supreme Court"
158A. (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 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 on a reference under section 256 or before the Supreme Court on a reference under section 257 or in appeal under section 260A before the High Court or in appeal under section 261 before the Supreme Court (such case being hereafter in this section referred to as the other case), he may furnish to the Assessing 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 Assessing Officer or the appellate authority, as the case may be, agrees to apply in 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 in appeal before the High Court under section 260A or in appeal before the Supreme Court under section 261.
(2) Where a declaration under sub-section (1) is
furnished to any appellate authority, the appellate
authority shall call for a report from the Assessing Officer
on the correctness of the claim made by the assessee and,
where the Assessing Officer makes a request to the appellate
authority to give him an opportunity of being heard in the
matter, the appellate authority shall allow him such
opportunity.
(3) The 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 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 the Supreme Court under section 261.
(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 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, reference or revision under this Act.
Explanation.- In this section,-
(a) "appellate authority" means the Deputy Commissioner
(Appeals), the Commissioner (Appeals) or the Appellate
Tribunal;
(b) "case", in relation to an assessee, means any proceeding
under this Act for the assessment of the total income of the
assessee or for the imposition of any penalty or fine on
him.