Procedure when assessee claims identical question of law is pending before High Court or Supreme Court
(1)
Irrespective of anything contained in this Act, where an assessee claims that— (a) any question of law arising in his case for a tax year 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 tax year;
(b)
such question of law is pending before— (i) the High Court on a reference under section 256 or on an appeal under section 260A of the Income-tax Act, 1961; or (ii) the Supreme Court on a reference under section 257 or on an appeal under section 261 of the Income-tax Act, 1961; or (iii) the High Court on an appeal made under section 365; or (iv) the Supreme Court on appeal made under section 367; or (v) in a Special Leave Petition under article 136 of the Constitution, against the order of the Appellate Tribunal or the jurisdictional High Court, such case being hereafter in this section referred to as the other case, he may furnish a declaration to the Assessing Officer or the appellate authority, in such form and manner, as prescribed, that if the Assessing Officer or the appellate authority, 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 before any appellate authority or in a subsequent appeal before a higher forum.