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TMI Blog2020 (6) TMI 21X X X X Extracts X X X X X X X X Extracts X X X X ..... eration was processed u/s 143(1) of the Act on 30.04.2018. According to the assessee, there was a mistake in the said intimation issued u/s 143(1) in as much as the long term capital loss of Rs. 3,80,298/- and Rs. 1,54,577/- carried forward from A.Y. 2010-11 & 2013-14 was not set off against the long term capital gain of Rs. 4,52,596/- for the year under consideration. She, therefore, filed an application u/s 154 seeking rectification of the said mistake. The AO however found that the assessee in the return of income filed for the year under consideration had not claimed such set off and the long term capital loss pertaining to A.Y. 2010-11 and 2013-14 was actually carried forward by the assessee to the future years. The AO accordingly held ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... term capital gain of the year under consideration while filing the return on-line and the same is liable to be rectified u/s 154. In support of this contention, he relied on the decision of Mumbai Bench of this Tribunal in the case of Shrikant Real Estates (P) Ltd. vs ITO rendered vide its order dated 19.10.2012 in ITA No. 4304/Mum/2012. 5. The ld. DR, on the other hand, strongly relied on the orders of the authorities below in support of the revenue's case that there being no claim made by the assessee in her return of income for set off of the long term capital loss carried forward from the earlier years against the capital gain for the year under consideration, the intimation issued u/s 143(1) not allowing such set off cannot be said t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me of entering the data in the electronic form. The return is prepared electronically which is converted into an XML file either through the free down loaded software provided by the CBDT or by the software available in the market. In either of the case, there is every possibility of entering incorrect data without having the expert .knowledge of preparing an XML file. XML file so created is uploaded to the official Website i.e.www.lncometaxindiaefiling.gov.in. Once the return is up loaded ITR- V, which is the acknowledgement of the return so filed, is generated by the system itself and if, the return is not signed digitally, then ITR- V so generated has to be signed and sent to Central Processing Centre, Bangaluru within 120 days. 8. K ..... X X X X Extracts X X X X X X X X Extracts X X X X
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