Judiciary

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daya shankar singh

daya shankar singh (Querist)
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27 May 2010 Is it possible that on the same issue case is pending on before the two authority under ITA?

Aditya Maheshwari

Aditya Maheshwari (Expert)
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27 May 2010 Yes it is possible.

daya shankar singh

daya shankar singh (Querist)
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28 May 2010 In what circmstances

Aditya Maheshwari

Aditya Maheshwari (Expert)
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28 May 2010 It could be in relation to different assessment years for the same assessee or it could be same assessment year but for different assessees.

daya shankar singh

daya shankar singh (Querist)
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28 May 2010 Give me an example for different AY for the same assessee and also qoute under which section

Aditya Maheshwari

Aditya Maheshwari (Expert)
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28 May 2010 If ur case is selected before scrutiny for two consecutive years and the same issue is there in both the cases it is possible that one appeal may be pending before high court and another before the ITAT or CIT(A)

daya shankar singh

daya shankar singh (Querist)
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28 May 2010 Is it possible a case pending on before two income tax authority on the same issue and for the same AY

Aditya Maheshwari

Aditya Maheshwari (Expert)
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28 May 2010 That cannot be possible as the only possibility in the case would be a reopening of an assessment which is not possible in case an assessment is pending before higher authorities and also one addition cannot be made twice by the same A. O.

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