CS Professional · Advanced Direct Tax Laws and Practice · Appeals

The Commissioner receives an order of the Appellate Tribunal in the case of Sundaram Textiles Ltd for tax year A. The collegium finds an identical question of law pending before the jurisdictional High Court in another assessee's case, decided in that assessee's favour below, and directs that no appeal be filed at this stage. The Assessing Officer is to apply to the High Court that an appeal may be filed once the decision in the other case becomes final. What is the time limit for that application under section 376 of the Income-tax Act, 2025?

The application must be filed within one hundred and twenty days from the date of receipt of the Appellate Tribunal's order. Section 376(3) fixes this period. The sixty and one hundred and twenty day periods running from the other case's finality govern the later appeal, not this application.

1. ASixty days from the date of receipt of the Tribunal's order
2. BOne hundred and twenty days from the date of receipt of the Tribunal's orderCorrect
3. COne hundred and twenty days from the date the other case becomes final
4. DSixty days from the date the other case becomes final