2016 (9) TMI 294 - AT - Income Tax

Carry forward or set off of loss - Held that - More than eleven years have passed from the relevant assessment year and, therefore, whether the set off of the loss determined in this year was claimed by the assessee in any of the subsequent year. In our opinion, if no set off of loss is claimed by the assessee in the subsequent year, then the quantum of the loss, whether it is ₹ 10.55 crores or ₹ 12.44 crores, became only of academic nature. Learned DR fairly submitted that if no set off of loss is claimed in the subsequent year, the appeal can be treated as of academic nature having no tax effect either for the assessee or for the Revenue. The assessee, vide letter dated 16th August, 2016, has submitted in writing that the assessee company has not set off the above mentioned loss incurred in assessment year 2004-05 against any income of the assessee company in the subsequent years. Once no set off of loss determined in assessment year 2004-05 is claimed by the assessee in the subsequent year, and the time limit for carry forward or set off of loss has expired, in our opinion, the amount of loss determined does not have any tax effect so far as the assessee or the Revenue is concerned. We, therefore, hold that Revenue s appeal has effectively nil tax effect. Therefore, the CBDT Circular No. 21/2015 dated 10th December, 2015 is squarely applicable. Learned counsel for the assessee was also fair enough to say that the assessee s cross-objection should also be treated as of academic nature because the quantum of loss determined will have no consequence to the assessee also. In view of the above, we deem it proper to dismiss the Revenue s appeal as well as assessee s crossobjection being of academic nature only.

Summary

Issues:
1. Revenue's appeal against deletion of addition on account of adhoc disallowance of material consumed.
2. Assessee's cross-objection regarding rejection of accounts, non-admission of additional evidence, and addition of certain amounts sustained.

Analysis:
1. The Revenue appealed against the deletion of an addition of ?96,77,295 made by the Assessing Officer due to adhoc disallowance of 5% out of material consumed. The Revenue argued that the books of accounts were rightly rejected, and the assessee failed to provide necessary details to the AO. The CIT(A) partly allowed the assessee's appeal, leading to the Revenue's appeal. The Tribunal noted that the loss determined was less than the declared loss, and questioned the relevance of the quantum of loss for the assessment year 2004-05 after more than eleven years had passed. The Tribunal found that if no set off of the loss was claimed in subsequent years and the time limit for carry forward or set off of loss had expired, the loss determined had no tax effect. Consequently, the Tribunal dismissed the Revenue's appeal as having nil tax effect.

2. The assessee raised multiple grounds in the cross-objection, including the rejection of accounts, non-admission of additional evidence, and the upholding of certain additions. The Tribunal considered the quantum of loss for the assessment year 2004-05 and concluded that if no set off was claimed in subsequent years and the time limit for carry forward or set off of loss had expired, the loss determined had no tax effect. Therefore, the Tribunal deemed the assessee's cross-objection as of academic nature and dismissed it along with the Revenue's appeal. The decision was pronounced on 05.09.2016 by the Tribunal comprising Shri G. D. Agrawal, Vice President, and Ms. Suchitra Kamble, Judicial Member.