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2013 (7) TMI 953 - AT - Income TaxDenial of benefit of carry forward of short term capital loss and denial of carry forward of speculation loss - AO did not allow the carry forward losses by observing that the assessee has not claimed in the return filed originally - Held that:- In this case though in the return filed originally the claim of loss was not claimed, however, during the assessment proceeding a letter was filed before the AO to consider the same. As stated above, in view of the decision of the Hon’ble Apex Court in Goetz (India) Ltd. Vs. CIT [2006 (3) TMI 75 - SUPREME Court ], the AO has not considered the claim of the assessee. CIT(A) also did not consider the claim of the assessee and confirmed the action of the AO. In my considered view, the learned CIT(A) should have considered the issue on merit as before the appellate authority a legal claim can be made.
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