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TMI Blog2019 (8) TMI 605X X X X Extracts X X X X X X X X Extracts X X X X ..... n disputed by Ld. CIT(A). This further strengthens our conclusion that the current years losses were not shown in the acknowledgement generated for returns filed u/s 153A were due to some inadvertent technical error, and in no manner ought to have been considered as additional income declared by the assessee pursuant to the search operations carried out in the group. It is not a case where the claim of any deduction has not been lodged in the original return filed u/s 139(1) and now the assessee wants to take the benefit of the same in the return of income filed u/s 153A. Assessee has claimed the business loss and carried forward the loss in the original return of income filed u/s 139(1) and again in the return filed in response to notic ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lower authorities were perfectly justified in ignoring assessee s claim of loss which was not part of return filed U/s 153A of the Act. 4. We have considered the rival contentions and carefully gone through the orders of the authorities below. In all these appeals, addition has been made by the A.O. in respect of loss which was appearing in acknowledgement of return filed U/s 139 of the Act which was also appearing in the Schedule CFL of the ITR-6 filed U/s 153A of the Act. However, inadvertently the same did not add up in the Total loss carried forward column of the said Act. 5. We found that exactly similar issue has been allegedly decided by the Tribunal in its order dated 09/05/2019 and after considering ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... for all the above AYs at Nil Income but without giving benefit of carry forward to current year losses, stating that such loss was not claimed by the assessee in the return filed u/s 153A and made addition of the same by alleging it to be additional income offered by the assessee in its return filed pursuant to search u/s 153A of the Act. Ld. CIT(A) did not consider the explanation / submissions made by the assessee and confirmed the rejection of carry forward of current years loss in all the assessment years as above on the following grounds: 1. The assessee nowhere in the submission had mentioned that both returns filed u/s 139(1) and 153A were exactly identical. He further alleged that since the computation is first made ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the assessee that no additional income was offered in the return filed u/s 153A is further strengthened by the reply of the assessee to the point no 8 of the questionnaires issued during each of the assessment proceedings, wherein the assessee has specifically mentioned the fact that no additional income was offered by it. Moreover, during the course of search no incriminating material whatsoever was found indicating any undisclosed income pertaining to assessee. Further AO has not pointed any such document in the assessment order. And this being so, there was no occasion for the assessee to disclose any additional income or not claim the loss, that was been made in the return filed u/s 139(1). The computation of income and other particu ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o then two different Acknowledgement would not have been generated, is misplaced. In this regard, we observe that though data in the two returns were obviously same as submitted earlier also, but as the return now filed was u/s 153A and the earlier return was u/s 139(1) accordingly different acknowledgement would surely be generated even if the data of income etc. are same. We also found that the assessee has duly filled the current years losses in the ITR as stated above, but due to some technical error the same is not reflected in the acknowledgement generated based on information picked up from the schedules of the ITR, which in-turn picks data from the files generated at the stand alone computer of the Chartered Accountant. Thus, the ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e, assessee has claimed the business loss and carried forward the loss in the original return of income filed u/s 139(1) of the IT Act, 1961 and again in the return filed in response to notice issued u/s 153A, however due to some error the claim was not properly appearing in the acknowledgment of return generated and for such genuine error the assessee should not be penalized. 13. In view of the above discussion, I do not find any merits in the orders so passed by the lower authorities regarding declaration of additional income by the assessee, accordingly, we direct the A.O. to allow the benefit of carry forward of losses as claimed in all the assessment years involved. We direct accordingly. 14. The facts ..... X X X X Extracts X X X X X X X X Extracts X X X X
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