Law: Income Tax Act, 1961

Section: 260A(5)

Income-tax---Appeal to High Court---Substantial question of law---Question concluded by decision of High Court ---Pendency of appeal against such to Supreme Court does not render ineffective--­Appeal to High Court is not maintainable on a similar question---Indian Income Tax Act, 1961, S. 260A. Section 260A(5) of the Income Tax Act, 1961, clearly requires the High Court to decide the question of law formulated by it under subsection (1) of section 260A. Where the Court having considered a question in all its aspects has come to a definite conclusion that the question is one, which must be answered against the Revenue, the mere pendency of the appeal before the Supreme Court against the does not render the already delivered by the High Court ineffective. An appeal on a similar question to the High Court is not maintainable under section 260A. CIT v. Salem Cooperative Sugar Mills Ltd. (1998) 229 ITR 285 (Mad.) ref. JUDGMENT R. JAYASIMHA BABU, J.---Counsel contends that the question raised in this appeal, though one which has already been answered by this Court against the Revenue in the case of CIT v. Salem Cooperative Sugar Mills Ltd. (1998) 229 ITR 285, should nevertheless be considered once again, as an appear against that judgment preferred by the Revenue is pending before the Supreme Court. We are unable to agree. This Court having…

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