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2017 (11) TMI 1556 - HC - Income TaxDisallowance of the carry forward and set off of loss - petitioner's grievance is that the Assessing Officer did not give any opportunity to the petitioner with regard to the defective returns which has to be cured by the petitioner for the assessment year 1993-1994 and the petitioner came to know about it only when the order of the Assessing Officer giving effect to the order of the CIT(A) was passed for the assessment year 1996-1997 on 23.01.2002 - Held that:- I find that there has not been an examination of the merits of the matter, rather the petitioner has been shut out on technicalities. If the petitioner's contention that they had filed Audit Report on 31.10.1995 had been verified by either for calling for them before the Assessing Officer or calling for the assessment file, the factual dispute would have been cleared and a decision could have been taken on the merits of the matter. Thus, I am of the considered view that the matters require to be re-examined by the respondent by calling for the assessment files, examining the correctness of the stand taken by the petitioner that the tax Audit Reports were filed vide their letters dated 30.10.1995 and also examine the legal issue placed by the petitioner and pass fresh orders on merits. Writ Petitions are allowed and the impugned orders are set aside and the matter is remanded to the respondent for fresh consideration to take a decision in the matter
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