9911796707
TMI Blog1994 (7) TMI 108X X X X Extracts X X X X X X X X Extracts X X X X ..... dvocate, volunteered to argue on behalf of the assessee even as an unaccredited representative. We appreciate his services towards the cause of proper discharge of judicial duties. 2. The appeal has been filed by the department and is directed against the order of the CIT(A). The assessee-company filed its return of income for assessment year 1986-87 on 30-6-1986 declaring total loss of Rs. 24,3 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... uld not loose the benefit of carry-forward of a huge quantity of loss of around Rs. 17,00,000 (excluding depreciation) simply on this technical ground. He, therefore, finally directed the ITO to allow the assessee the benefit of carry-forward of loss. 3. The department has come up in further appeal before us against this particular direction of the CIT(A). The precise point for us to decide is t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e performance of an act before a specified date, the same shall be done at some time preceding the said date so as to delimit the period inside which the event may occur." 4. So we find a judicial support from the abovementioned case decided by the Karnataka High Court that the expression "before" may mean in certain cases even "up to" the date as mentioned in the relevant provision of law. It i ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e other hand, the 30th of June not only constitutes the last day of a calendar month but also represents termination of a half-year from the start of the calendar year and of a quarter-year from the start of the financial year. Hence, it must be considered that the Legislature actually intended to include the day, viz., 30th June within the time limit allowable under section 139(1). It is an und ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... h the cases, the 30th of June was inclusive within the period referred to, should hold good. 5. Finally, therefore, we agree with the learned CIT(A) that the return of loss filed by the assessee on 30-6-1986 in the present case, should be considered as one having been filed within the time limit allowed under section 139(1) and hence, the assessee would be entitled to the benefit of carry-forwar ..... X X X X Extracts X X X X X X X X Extracts X X X X
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