Application u/s 158AB to defer filing of appeal before Tribunal or jurisdictional High Court



Quick Summary
The Central Board of Direct Taxes (CBDT) has introduced a new rule, effective from July 12, 2022, which allows Assessing Officers to apply for the deferral of filing appeals. This new Rule 16, inserted into the Income-tax Rules, 1962, specifies the procedure for making such applications before the Appellate Tribunal or the jurisdictional High Court. The application must be submitted in the newly introduced Form No. 8A.

CBDT on July 12, 2022 has issued the Income-tax (Twenty Second Amendment) Rules, 2022 to further amend the Income-tax Rules, 1962. This has come into force on July 12, 2022. The following has been amended namely: - Rule 16 which specifies Declaration under Section 158A has been renumbered to Rule 15 A New Rule 16 which specifies Application under section 158AB to defer filing of appeal before the Appellate Tribunal or the jurisdictional High Court has been inserted namely: - The ap
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FAQ :

The new Rule 16 allows Assessing Officers to apply for the deferral of filing appeals before the Appellate Tribunal or the jurisdictional High Court.

This rule came into effect on July 12, 2022.

The application for deferring an appeal must be made in Form No. 8A.

The application must be made by the Assessing Officer.

Form No. 8A requires details about the appellant and respondent, case details including the assessment year and order details, questions of law for which the appeal is deferred, and details of other cases on which the deferral is based.

Yes, Rule 16, which previously specified 'Declaration under Section 158A', has been renumbered to Rule 15A.




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