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FORM NO. 8 |
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[See rule 16] |
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Declaration under section 158A(1) of the income-tax Act, 1961 to be made by an |
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assessee claiming that identical question of law is pending before the |
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High Court or the Supreme Court |
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I, ………………………………..…………………, son/daughter/wife of………………………………..……… Shri……………………………… ……………… being the*……………………………… of………………………………………. do hereby declare : |
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1. That the following question(s) of law **is/are pending in **my case/in the case of ………………………….. |
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before the |
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**High Court/Supreme Court on a reference under section 256/257 Supreme Court on an appeal under section 261 in respect of the assessment year…………………… |
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**A copy of the statement of the case and the question(s)of law referred to the High Court/Supreme Court is/are enclosed. |
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A copy of the judgement of the High Court and grounds of appeal to the Supreme Court is/are enclosed |
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2. That the said question(s) of law **is/are identical with the question(s) of law arising in **my case/in |
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the case of…………..………………….. in respect of the assessment year…………..which is pending before***……………………… |
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3. That if the*** …………………………..…………… agrees to apply to the case referred to in paragraph 2 |
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above the final decision on the question of law in the case referred to in paragraph 1 above, **I/the assessee mentioned in paragraphs 1 and 2 above, shall not raise the said question(s) of law in the case referred to in paragraph 2 above in appeal before any appellate authority or for a reference before the High Court under section 256 or the Supreme Court under section 257 or in appeal before the Su- preme Court under section 261. |
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……………………………….. |
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Signature of the declarant |
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……………………………….. |
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Pemranent Account No. |
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……………………………….. |
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Address of the assessee |
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Verification |
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I, ……………………………….. do hereby declare that to the best of my knowledge and belief what is stated above is correct, complete and is truly stated. I further declare that I am making the declaration in my capacity as……….and that I am competent to make this declaration and verify it. Verified today the………………….date of………….. …… |
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Place……………… |
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……………………………….. |
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Signature of the declarant |
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Notes : |
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1. The declaration should be in duplicate when it is furnished to theDeputy Commissioner (Appeals) or |
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the Commissioner (Appeals) and in triplicate when it is furnished to the Appellate Tribunal. |
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2. *Mention the capacity in which the declaration is made. 3. **Delete whichever is not applicable. 4. ***Mention the designation of the officer or authority to whom or to which the declaration is fur- |
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nished. |
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5. Give complete postal address. Where the declarant is not the assessee, also give the complete postal |
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address of the assessee. |