Appeal before the Supreme Court
The Supreme Court is the fourth and final appellate authority under the Income Tax Act. An appeal against the order of a High Court lies with the Supreme Court. However, no such appeal can be filed unless the High Court certifies that the case is fit for appeal to the Supreme Court.
- Time Limit for Filing Appeal –The Income-tax Act does not prescribe any specific time limit for filing an appeal to the Supreme Court. However, The provisions of the Code of Civil Procedure, 1908 relating to appeals to the Supreme Court apply mutatis mutandis to appeals under the Income-tax Act filed before the Supreme Court.
- Cost of Appeal –The cost of appeal is at the discretion of the Supreme Court, which may award costs to either party as it deems appropriate.
- Effect of the Supreme Court Judgment –Where the Supreme Court reverses or modifies the judgment of the High Court, the Assessing Officer must give effect to such judgment based on a certified copy of the decision. Such effect must be given in the assessment records in accordance with the final decision rendered by the Supreme Court.
- Matter Remanded to Appellate Tribunal– Where the Supreme Court finds that the case record or statement is inadequate for deciding the question of law, it may remand the matter back to the Appellate Tribunal. The Tribunal is required to add or modify the statement of case as directed by the Supreme Court, enabling a proper adjudication of the legal question.