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Issues:
1. Entitlement to claim carry forward of loss for assessment year 1988-89. Analysis: The appeal before the Appellate Tribunal ITAT Ahmedabad-C involved the issue of whether the assessee is entitled to the claim of carry forward of loss incurred during the accounting year relevant for the assessment year 1988-89. The Assessing Officer contended that since the return of income was filed late, the assessee is not eligible for the benefit of carry forward of loss. However, the CIT(A) held in favor of the assessee, stating that the assessee had applied for an extension of time for filing the return, and as there was no response from the Assessing Officer, it was presumed that the time was granted as requested. The CIT(A) relied on legal precedents to support this decision, including the decision of the Gujarat High Court. The department challenged the CIT(A)'s order, leading to the appeal before the Tribunal. The main contention raised by the Revenue was that the Assessing Officer had no discretionary power to allow an extension of time for filing loss returns as the relevant provisions had been deleted from the statute. The Revenue argued that the CIT(A) erred in allowing the claim of loss to be carried forward based on outdated legal provisions. The assessee, on the other hand, supported by legal provisions and case law, argued in favor of the carry forward of loss. Upon considering the arguments presented by both parties, the Tribunal analyzed the legal provisions applicable to the assessment year 1988-89. The Tribunal noted that while there was a slight discrepancy between the wordings of section 80 and section 139(3) during the relevant period, a liberal construction in favor of the assessee was mandated by legal principles established by the Supreme Court. The Tribunal emphasized the need to read the provisions together to interpret them in a manner beneficial to the assessee. The Tribunal further observed that the Assessing Officer's failure to respond to the assessee's application for an extension of time should not prejudice the assessee's right to carry forward the loss. Citing relevant legal precedents, including a decision of the Supreme Court, the Tribunal endorsed the view taken by the CIT(A) and ruled in favor of the assessee. The Tribunal also referenced a decision by the Gauhati Bench in a similar case, further supporting the conclusion reached in favor of the assessee. In conclusion, the Tribunal dismissed the Revenue's appeal, upholding the order of the CIT(A) that allowed the claim of carry forward of loss for the assessment year 1988-89.
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