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TMI Blog2017 (9) TMI 170X X X X Extracts X X X X X X X X Extracts X X X X ..... olute bar debarring the assessee from claiming set-off/carry forward losses of earlier years if the return had been filed after due date ?" 2. We have heard learned counsel for the appellant-assessee which is the Chhattisgarh State Civil Supplies Corporation and the learned counsel for the Revenue. 3. The assessment order for the assessment year 2006-07 was passed ex parte by the Assessing Officer disallowing the set-off/carry forward of business loss under section 80 of the Act on the ground that return was not filed within time prescribed under section 139 of the Act. The Commissioner of Income-tax (Appeals) (hereinafter called "the CIT(A)") concurred with that view. That was confirmed by the Tribunal. Hence, this appeal by the assessee ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rposes of section 80 of the Act. Section 139(3) of the Act have to be appreciated. It provides among other things that for the purpose of carrying forward loss of any previous year, a return of loss in the prescribed form and verified in the manner and containing such other particulars as may be prescribed ought to be filed. That has to be done within the time allowed under sub-section (1) of section 139(1) of the Act. Obviously, therefore, the further provision which deals with furnishing of return within further time limits as are prescribed, including in section 139(4) of the Act may come to the aid of a particular assessee depending upon the particular events as regards the assessment year in question. In this view of the matter, we see ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... with the requisite documents including the auditor's certificate and audit statement. Ends of justice, therefore, requires that the appellant has to be given an opportunity to meet the situation by placing before the Assessing Officer appropriate application as may be permissible in law or by moving the Central Board of Direct Taxes within the time prescribed in terms of the circulars for relief as may be available to the appellant. To enable this process, the impugned decisions are liable to be set aside without expressing anything on the merits of the claim of the appellant's eligibility for carrying forward the losses. 6. In the result, this appeal is allowed answering the question formulated as above and resultantly, setting a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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