2023 (1) TMI 654 - AT - Income Tax
CIT(A) justification in holding that the appellant did not press ground no. 3 raised in the appeal - HELD THAT:- As stated that in the return processed u/s 143(1) such claim of brought forward loss and current year loss was not allowed and for the proposed adjustments Centralized Processing Centre did not provide any opportunity before making the said adjustments as provided under the proviso to Section 143(1)(a) of the Act.
After hearing for the assessee and on perusal of the impugned order we find force in the contention of the ld. Counsel for the assessee that reasonable opportunity was not provided to the assessee before declining the claim and thus, restore this issue of claim of brought forward loss to be carried forward to future years as well as loss of current year to be carried forward for set off in the future years to CIT(A) for necessary adjudication and to pass a speaking order on this issue.
The assessee is also directed to furnish all relevant details which it had mentioned in the written submission placed before CIT(A) agitating ground no. 3 relating to disallowance of losses. Needless to mention that proper opportunity of being heard should be provided to the assessee. Thus, ground no. 1 is allowed for statistical purposes.