Taxation lawyer: Framing of substantial question of law by HC is indispensable in Income Tax Appeal; SC.

Supreme Court of India

Justice Abhay Manohar Sapre

It was held by the SC in the case titled as "Ryatar Sahakari versus Assistant Commissioner of Income Tax and others", that the high court can decide appeal under Section 260 A (3) of the Income Tax Act only after framing substantial question of law, and the High Court has to answer the framed substantial question of law, while deciding the appeal.

As in the said case, the substantial question of law was not framed by the high court. The order of the High Court was set aside, and the matter was remanded back to the high court for fresh consideration.