2014 (1) TMI 1279

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..... remitted the matter to the file of Assessing Officer for necessary verification for allowing the set off of carry forward loss if same is admissible. Admission of additional evidence – Held that:- the contention is devoid of any merit - A document which is already on the file of Assessing Officer cannot be treated as additional evidence - The original income tax return was filed before the Assessing Officer and was very much part of his assessment records – order of the CIT(A) upheld – Decided against Revenue. - IT Appeal No. 1186 (Kol.) of 2012 - - - Dated:- 24-7-2013 - Pramod Kumar And Mahavir Singh , JJ. For the Appellant : Basudev Hazra. For the Respondent : Ashok Walia. ORDER:- PER : Pramod Kumar By way of th .....

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..... 08 and since the income tax return disclosing the said loss brought forward was filed beyond the due date, the assessee was not entitled for carry forward of loss to the subsequent years. It was in this backdrop that the claim of set off of brought forward loss of Rs. 31,08,911/- was declined. Aggrieved with the stand so taken by the Assessing Officer, the assessee carried the matter in appeal before ld. CIT(Appeals). 4. In the grounds of appeal before CIT(Appeals), it was the contention of the assessee that "the ld. Assessing Officer inadvertently overlooked the original date of filing of income tax returns and took into consideration only the revised return filing date". It was thus contended that the action of the Assessing Officer is .....

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..... rward of loss under section 80 comes into play only when income tax return disclosing the loss sought to be carried forward, is not filed within the time prescribed under section 139(1). There is no dispute in the present case that the income tax return was originally filed within the due date and, therefore, in our considered view that disentitlement under section 80 cannot come into play. As the Assessing Officer has himself noted that in the assessment order at page 2 is stand of declining the carry forward was based on the database information available to him. It is thus clear that the Assessing Officer did not even bother to examine the records in assessee's case and preferred to be guided by database records. The CIT (Appeals), in hi .....

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