66[CHAPTER IVA
SPECIAL PROVISION FOR
AVOIDING REPETITIVE APPEALS
Procedure when assessee claims identical question of law is pending
before High Court or Supreme Court.
18C. 67(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 68[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
or the Supreme Court on a reference under section 27 69[or in appeal under section 27A before the
High Court] or in appeal before the Supreme Court under section 29 (such
case being hereafter in this section referred to as the other case), he may
furnish to the 70[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 70[Assessing Officer] or the appellate authority,
as the case may be, agrees to apply to 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 71[in appeal before the High Court under section
27A or the Supreme Court under section 29].
(2) Where a declaration under sub-section (1) is furnished to any
appellate authority, the appellate authority shall call for a report from the 70[Assessing Officer] on the correctness of the
claim made by the assessee and, where the 70[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 70[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 70[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 71[in appeal before the
High Court under section 27A or the Supreme Court under section 29].
(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 70[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 72[Deputy Commissioner (Appeals)], or 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 net wealth of the assessee or for the imposition of any
penalty on him.]