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TMI Blog2023 (8) TMI 153X X X X Extracts X X X X X X X X Extracts X X X X ..... as in the intimation order. The assessee has filed appeal against the intimation letter passed by the CPC u/s 143(1) of the Act. Therefore, in the interest of justice, this issue is remitted to the CIT(Appeals) for fresh consideration and decision on merits as per law. Appeal by the assessee is allowed for statistical purposes. - ITA No. 415/Bang/2023 - - - Dated:- 1-8-2023 - Shri Laxmi Prasad Sahu, Accountant Member For the Appellant : Shri Prasanna N Urala, Advocate For the Respondent : Shri Ganesh R. Ghale, Standing Counsel ORDER This appeal is filed by the assessee against the DIN Order No.ITBA/NFAC/S/250/2023-24/1052363546(1) dated 26.04.2023 of the CIT(Appeals), National Faceless Appeal Centre, Delhi [NFAC], ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d subsequently rectified u/s. 154 vide DIN CPC/2021/U5/193524657 dated 03/12/2021. The assessee vide rectification request No. 338223560221221 dated 22/12/2021 has stated there is a mistake(s) in the said order u/s. 154 which was apparent from the record within the meaning of Section 154 of Income Tax Act, 1961. The details of the mistake(s) as per the assessee is as under. 4. Against the above order of the CIT(Appeals) the assessee has filed the appeal before the Tribunal. 5. The ld. AR submitted that even after the second rectification order dated 16.02.2022 passed by the CPC, the income determined is the same. He submitted that setting off of business loss from the capital gain is optional to the assessee and not mandatory to set ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... bove period, time limit of 90 days or actual balance time (whichever is higher) shall be available from 01.03.2022 for filing appeals etc. In view of this Hon ble Apex Court judgment, there is no delay in fling the appeal before the CIT(Appeals). 7. After considering the rival submissions, it is noted that the CIT(Appeals) has dismissed the appeal as infructuous since the rectification application filed by the assessee has been disposed of by the CPC. However, the ld. CIT(Appeals) has not considered the issue on merits about the setting off of loss claimed by the assessee in his return and that even after the rectification order passed by the CPC, the position remains the same as in the intimation order. The assessee has filed appeal aga ..... X X X X Extracts X X X X X X X X Extracts X X X X
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