TMI Blog2018 (1) TMI 1301X X X X Extracts X X X X X X X X Extracts X X X X ..... ot made this claim either in its original return of income or in the revised return of income, it is incumbent on the part of the Ld. CIT(A) to direct the Ld. AO to consider the legitimate claim of set off of brought forward business loss so as to determine the true and correct income of the assessee. The appellate authority could entertain fresh claim made by the assessee even though the same had not been made by way of a valid return. Accordingly, we hold that the Ld. CIT(A) ought to have considered the legitimate claim of set off of brought forward loss of assessment year 2009-10 - I.T.A No. 1873/Kol/2016 - - - Dated:- 12-1-2018 - Hon ble Shri M.Balaganesh, AM And Hon ble Shri S.S.Viswanethra Ravi, JM For the Appellant : Shri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... raised a ground of appeal seeking for the same before the Ld. CIT(A) and also by placing reliance on various decisions. The Ld. CIT(A) observed that the assessee had not made any claim of set off of brought forward losses of assessment year 2009-10 either in the original return or in the revised return filed by it. Hence, by placing reliance on the decision of the Hon'ble Supreme Court in the case of Goetze India vs. CIT reported in 284 ITR 323(S C), he upheld the action of the Ld. AO in not allowing the set off of brought forward loss of assessment year 2009-10 in the sum of ₹ 79,97,483/-. Aggrieved, the assessee is in appeal before us on the following grounds: 1. On the facts and circumstances of the case, for that the Ld. C ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... brought forward business loss so as to determine the true and correct income of the assessee. The decision of the Hon'ble Supreme Court in the case of Goetze India reported in 284 ITR 323(supra) clearly shows that the said decision is limited only to assessing authority and does not impinge upon the power of the Income Tax Appellate Tribunal u/s 254 of the Act. In other words, the appellate authority could entertain fresh claim made by the assessee even though the same had not been made by way of a valid return. Accordingly, we hold that the Ld. CIT(A) ought to have considered the legitimate claim of set off of brought forward loss of assessment year 2009-10 in the sum of ₹ 79,97,483/-, in the facts and circumstances of the case. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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