CBDT issues an Order dated 28.09.2022 for the Constitution of Collegium under the Explanation to Section 158AB of the Income-tax Act, 1961 (‘Act’) for the purpose of deciding deferment of appeals before the Appellate Tribunal or the jurisdictional High Court by the Assessing Officer under section 158AB of the Act.
To provide a procedure when an appeal by revenue is pending on an identical question of law, Finance Act, 2022 inserted a new section 158AB in the Act, to provide that where the collegium is of the opinion that any question of law arising in the case of an assessee for any assessment year (“relevant case”) is identical with a question of law already raised in his case or in the case of any other assessee for an assessment year, which is pending before the jurisdictional High Court under section 260A or the Supreme Court in an appeal under section 261 or in a special leave petition under article 136 of the Constitution, against the order of the Appellate Tribunal or the jurisdictional High Court, as the case may be, in favour of such assessee (“other case”), it may, decide and intimate the Commissioner or Principal Commissioner not to file any appeal, at this stage, to the Appellate Tribunal under sub-section (2) of section 253 or to the High Court under sub-section (2) of section 260A against the order of the Commissioner (appeals) or the Appellate Tribunal, as the case may be.
Further, the Commissioner or Principal Commissioner shall, on receipt of a communication from the collegium, direct the Assessing Officer to make an application to the Appellate Tribunal or jurisdictional High Court, as the case may be, in the prescribed form within 60 days from the date of receipt of the order of the Commissioner (Appeals) or within 120 days from the date of receipt of the order of the Appellate Tribunal, as the case may be, stating that an appeal on the question of law arising in the relevant case may be filed when the decision on the question of law becomes final in the other case.
The Commissioner or Principal Commissioner shall direct the Assessing Officer to make such an application only if an acceptance is received from the assessee to the effect that the question of law in the other case is identical to that arising in the relevant case, and in case no such acceptance is received, the Commissioner or Principal Commissioner shall proceed in accordance with the provisions contained in sub-section (2) of section 253 or in sub-section (2) of section 260A.
Furthermore, where the order of the Commissioner (Appeals) or the order of the Appellate Tribunal, as the case may be, in the relevant case is not in conformity with the final decision on the question of law in the other case as and when such order is received, the Commissioner or Principal Commissioner may direct the Assessing Officer to appeal to the Appellate Tribunal or the jurisdictional High Court, as the case may be, against such order.
The Explanation to section 158AB defines the expression “collegium” for the purposes of this section to mean a collegium comprising of two or more Chief Commissioners, Principal Commissioners or Commissioners as may be specified by the Board.
The Board has issued the Order by exercising the power as conferred to it by the Explanation to section 158AB.
Read the full text of the CBDT Order dated 28.09.2022 on Constitution of Collegium for Section 158AB
F.No.370133/13/2022-TPL
Government of India
Ministry of Finance
Department of Revenue
Central Board of Direct Taxes
(TPL Division)
New Delhi, dated 28th September, 2022
ORDER
Sub: Order specifying the Collegium - Explanation to section I58AB of the Income-tax Act, 1961 - reg
In exercise of powers conferred under the Explanation to section 158AB of the Income-tax Act, 1961 (the Act), the Central Board of Direct Taxes (read as 'Board') hereby specifies that for the purpose of deciding deferment of appeals before the Appellate Tribunal or the jurisdictional High Court by the Assessing Officer under section 158AB of the Act, a Collegium shall be constituted as under:-
(i)
(ii) The Collegium shall comprise of three members who are officers of the rank of Principal Commissioner of Income-tax (PCIT) or Commissioner of Income-tax (CIT);
(iii) The members shall be:-
a. the PCIT or CIT having jurisdiction over the case in which deferment of appeal is to be decided under section 158AB(1); and
b. two other officers of the rank of PCIT or CIT nominated by respective Pr.CCIT/CCIT/DGIT mentioned in the table in (i) above;
(iv) The Collegium may co-opt one officer of the rank of PCIT or CIT if it so decides;
(v) The seniormost member of the Collegium shall act as the Chairperson of the Collegium.
2. This order comes into effect from the date of its issue.
3. Hindi version shall follow.
(P. Amrutha varshini)
DCIT (OSD) (TPL-IV)
Download CBDT Order dated 28.09.2022 on Constitution of Collegium for Section 158AB in PDF format
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