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TMI Blog2023 (4) TMI 140X X X X Extracts X X X X X X X X Extracts X X X X ..... ear under consideration afresh and allow carry forward business loss relating to the Assessment Years 2011-12 to 2014-15 where the Competent Authority has allowed condonation of delay in filing the return of income. Thus, grounds raised by the assessee are allowed in the terms indicated herein above. Appeal filed by the assessee is allowed for statistical purposes. - ITA No. 566/Jodh/2018 - - - Dated:- 23-3-2023 - SHRI KUL BHARAT, JUDICIAL MEMBER SHRI MANISH BORAD, ACCOUNTANT MEMBER For the Assessee : None (W/S) For the Revenue : Shri S.M.Joshi, JCIT DR ORDER PER KUL BHARAT, J. M. The present appeal filed by the assessee for the assessment year 2015-16 is directed against the order of Ld. CIT(A)-1, Udaipur dated ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mined for carry forward. 5. Aggrieved against this, the assessee preferred appeal before Ld.CIT(A) who after considering the submissions, partly allowed the appeal of the assessee. 6. Aggrieved against the order of Ld.CIT(A), the assessee is in appeal before this Tribunal. 7. On the other hand, Ld. JCIT DR opposed these submissions and supported the order of Assessing authority. 8. We have heard Ld. JCIT DR and perused the material available on record and gone through the orders of the authorities below. We find that the assessee has filed a written submission. For the sake of clarity, the relevant contents of the written submissions are reproduced as under:- (A) BRIEF FACTS OF THE CASE 1 The business activities has ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... within due date for the reasons beyond the control of the management of the applicant, as details under S. No. Assessment year Date of return filed 1. 2011-12 30.06.2018 15.02.2020 2. 2012-13 17.08.2018 3. 2013-14 22.02.2019 4. 2014-15 23.02.2019 5. 2015-16 17.10.2016 However petition for delay condonation for the above said return of income filing were subm ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... me scrutinized u/s 143(3) of the Act and the order of assessment was passed on 16.11.2017 . In the order of assessment the AO did not discussed about allowability of the returned loss as well as carry forward of the same. Further he also did not discussed about the brought forward and further carried forward of the returned losses of previous asstt. years in the order of assessment as under: S. No. Asstt. years Business loss (Rs.) Depreciation loss (Rs.) 1. 2011-12 3385234 1556932 2. 2012-13 8729794 1519756 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lay in filing returns of income were same. 5. In the orders u/s 119(2)(b) for the asstt. years 2011-12 to 2014-15 , a specific direction appended which reproduce here ... after considering the facts and circumstances of the case , the assessee was prevented by reasonable cause from filing of return ,hence, delay in filing the return and claiming loss is hereby condoned u/s 119(2)(b) of the I.T.Act. The A.O. is directed to consider the claim of carry forward of losses on merits in accordance with law. Following the direction the AO have rectified the other year's intimation passed u/s 143(1) of the asstt. year 2017-18 and 2019-20 (PB No.10 11) and allowed set off losses brought forward of the asstt. year 2011-12 and 2012-13 in th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nafide mistake he certified that documents submitted in the paper book were submitted before the below authorities. Whereas these are being firstly submitted before your honour as was not possessed till the first appeal proceeding. Pleader for the humble appellant. 9. The Revenue has not disputed the fact that the business loss was not allowed to be carried forward on the ground that the assessee had filed its return of income belatedly. Further, the Revenue has not disputed the fact that in earlier years, from the years 2011-12 to 2014-15, the condonation has been allowed by the Competent Authority u/s 119(2)(b) of the Act. It is stated that the facts are identical and the petition for condonation of delay qua the year under consider ..... X X X X Extracts X X X X X X X X Extracts X X X X
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