2001 (2) TMI 106

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..... ction 256(1)of the Income-tax Act, 1961 (in short the "Act"), by the Income-tax Appellate Tribunal, Delhi Bench "C" (in short the "Tribunal") : "Whether, on the facts and in the circumstances of the case, the Tribunal is correct in law in holding that the assessee is entitled to the carry forward of the loss of Rs. 31,355 under the relevant provisions of the Income-tax Act, 1961 ?" The dispute .....

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..... ginal return as well as the revised return were not filed voluntarily under section 139 of the Act and, therefore, the question of any carry forward of loss did not arise. The net loss was computed at Rs. 31,355 but it was not carried forward in view of the conclusions that the return was not filed voluntarily. The assessee preferred an appeal before the Appellate Assistant Commissioner (in short .....

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..... ration of the rival circumstances, the Tribunal came to hold that there was no. material to show about the service of notice under section 148 and, therefore, the returns were to be treated as voluntary returns. On being moved for a reference, the question Is set out above, has been referred for the opinion of this court. We have heard learned counsel for the Revenue. There is no appearance on b .....

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