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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 ..... ect Taxes in obtaining clarifications or directions and orders which may enable a particular assessee to seek indulgence where the returns were not filed in time for bona fide reasons. We are of the view that in the case in hand, the appellant which is a public sector body, stands to plead that its accounts would be audited only under the control of the Comptroller and Auditor General of India and without such exercise being carried out, it will be disabled from filing its return 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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. 4. As is discernible from the question of law as framed for consideration, the issue revolves around the construction of section 80 of the Act. That provision enjoins that notwithstanding anything contained in Chapter VI, no loss which has not been determined in pursuance of the return filed shall be carried forward and set-off under sub-section (1) of section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lowed 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 that different instructions and circulars have been issued by the Central Board of Direct Taxes from time to time in relation to carrying forward of losses. Circular No. 9 of 2015 dated June 9, 2015 ([2015] 374 ITR (St.) 25) is issued in supersession of earlier instructions, circulars and guidelines issued by the Central Board of Direct Taxes from time to time t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bed 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 aside the decision of the Tribunal and that of the Commissioner of Income-tax (Appeals) as also the Assessing Officer. 7. Resultantly, this matter will stand remitted to the Assessing Officer for consideration de novo in the light of what is stated above. Let this be done after affording the appellant a time limit of six months to bring on record any decisi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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