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2014 (1) TMI 1279 - AT - Income TaxVerification of original return furnished or not u/s 139(1) of the Act - Acknowledgement of return in violation of provision of Rule 46A of the Act – Held that:- The disentitlement for carry forward of loss under section 80 comes into play only when income tax return disclosing the loss sought to be carried forward, is not filed within the time prescribed under section 139(1) - the income tax return was originally filed within the due date - disentitlement under section 80 cannot come into play - the Assessing Officer did not even bother to examine the records in assessee's case and preferred to be guided by database records - The CIT (Appeals) remitted the matter to the file of Assessing Officer for necessary verification for allowing the set off of carry forward loss if same is admissible. Admission of additional evidence – Held that:- the contention is devoid of any merit - A document which is already on the file of Assessing Officer cannot be treated as additional evidence - The original income tax return was filed before the Assessing Officer and was very much part of his assessment records – order of the CIT(A) upheld – Decided against Revenue.
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