9911796707
TMI Blog1993 (2) TMI 75X X X X Extracts X X X X X X X X Extracts X X X X ..... 85-86, the following question of law has been referred to this court : " Whether, on the facts and in the circumstances of the case, the Tribunal was justified in directing the authorities to allow the benefit of carry forward of loss determined for the assessment year 1985-86 in terms of section 80 of the Income-tax Act, 1961 ? " The facts relating to this reference are stated hereinafter : ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... to show that the return had been filed within the time duly allowed by the Income-tax Officer. According to him, filing applications for extension of time was not sufficient. Specific order of the Income-tax Officer allowing extension of time was necessary to get the benefit of carry forward of loss. He, therefore, directed the Assessing Officer not to allow the benefit of carry forward of loss. T ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d of loss. If the assessee had filed the return within the time allowed by the Income-tax Officer, the assessee would be entitled to get the benefit of carry forward of loss as determined in the assessment. In this case, four applications were made by the assessee for extension of time. The Income tax Officer neither dealt with those applications nor disposed of such applications. The assessee was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of the view that the assessee not having been communicated of the fate of its extension application and having filed the return within the time asked for in the last of such applications, the Income-tax Officer cannot deny the assessee the benefit of carry forward of loss determined in the assessment. For the reasons aforesaid, we answer this question in the affirmative and in favour of the asses ..... X X X X Extracts X X X X X X X X Extracts X X X X
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