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What is Appeal to High Court? What is the meaning of Case before High Court to be heard by not less than two Judges? Section 260A and 260B of Income Tax Act 1961

Appeal to High Court and Case before High Court to be heard by not less than two Judges are defined under section 260A and 260B of Income Tax Act 1961. Provisions under these Sections are:

Section 260A of Income Tax Act "Appeal to High Court"

Section 260A. (1) An appeal shall lie to the High Court from every order passed in appeal by the Appellate Tribunal 53b[before the date of establishment of the National Tax Tribunal], if the High Court is satisfied that the case involves a substantial question of law.

(2) The [Principal Chief Commissioner or] Chief Commissioner or the [Principal Commissioner or] Commissioner or an assessee aggrieved by any order passed by the Appellate Tribunal may file an appeal to the High Court and such appeal under this sub-section shall be-

(a) filed within one hundred and twenty days from the date on which the order appealed against is received by the assessee or the 53c[Principal Chief Commissioner] or Chief Commissioner or 53c[Principal Commissioner or] Commissioner;
(b) -

(c) in the form of a memorandum of appeal precisely stating therein the substantial question of law involved.

(2A) The High Court may admit an appeal after the expiry of the period of one hundred and twenty days referred to in clause (a) of sub-section (2), if it is satisfied that there was sufficient cause for not filing the same within that period.

(3) Where the High Court is satisfied that a substantial question of law is involved in any case, it shall formulate that question.

(4) The appeal shall be heard only on the question so formulated, and the respondents shall, at the hearing of the appeal, be allowed to argue that the case does not involve such question :

Provided that nothing in this sub-section shall be deemed to take away or abridge the power of the court to hear, for reasons to be recorded, the appeal on any other substantial question of law not formulated by it, if it is satisfied that the case involves such question.

 

(5) The High Court shall decide the question of law so formulated and deliver such judgment thereon containing the grounds on which such decision is founded and may award such cost as it deems fit.

(6) The High Court may determine any issue which-

(a) has not been determined by the Appellate Tribunal; or

(b) has been wrongly determined by the Appellate Tribunal, by reason of a decision on such question of law as is referred to in sub-section (1).

(7) Save as otherwise provided in this Act, the provisions of the Code of Civil Procedure, 1908 (5 of 1908), relating to appeals to the High Court shall, as far as may be, apply in the case of appeals under this section.

Section 260B of Income Tax Act "Case before High Court to be heard by not less than two Judges"

Section 260B. (1) When an appeal has been filed before the High Court under section 260A, it shall be heard by a bench of not less than two Judges of the High Court, and shall be decided in accordance with the opinion of such Judges or of the majority, if any, of such Judges.

(2) Where there is no such majority, the Judges shall state the point of law upon which they differ and the case shall then be heard upon that point only by one or more of the other Judges of the High Court and such point shall be decided according to the opinion of the majority of the Judges who have heard the case including those who first heard it.

 

   
 

Income Tax Act 1961

What are the Powers of the Commissioner (Appeals)? What is Appellate Tribunal? Section 251 and 252 of Income Tax Act 1961

What is Appeals to the Appellate Tribunal? What is Orders of Appellate Tribunal? Section 253 and 254 of Income Tax Act 1961

What is Procedure of Appellate Tribunal? What is Statement of case to the High Court? Section 255 and 256 of Income Tax Act 1961

What is Statement of case to Supreme Court in certain cases? What is Power of High Court or Supreme Court to require statement to be amended? Section 257 and 258 of Income Tax Act 1961

What is Case before High Court to be heard by not less than two judges? What is Decision of High Court or Supreme Court on the case stated? Section 259 and 260 of Income Tax Act 1961

What is Appeal to High Court? What is the meaning of Case before High Court to be heard by not less than two Judges? Section 260A and 260B of Income Tax Act 1961

What is Appeal to Supreme Court? What is Hearing before Supreme Court? Section 261 and 262 of Income Tax Act 1961

What is Revision of orders prejudicial to revenue? What is Revision of other orders? Section 263 and 264 of Income Tax Act 1961

What is Tax to be paid notwithstanding reference, etc? What is Execution for costs awarded by Supreme Court? What is Amendment of assessment on appeal? Section 265, 266 and 267 of Income Tax Act 1961

What is Exclusion of time taken for copy? What is Filing of appeal or application for reference by income-tax authority? Section 268 and 268a of Income Tax Act 1961

What is the Definition of High Court? What are acquisition of immovable properties and transfer Definitions? Section 269 and 269a of Income Tax Act 1961

 

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