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2015 (9) TMI 1745 - AT - Income TaxClaim of earlier years losses to be brought forward for set off - denial of claim as assessee had not claimed in its return of income - HELD THAT:- Income tax legislation is welfare legislation. Even in case of any doubt, the benefit has to accrue to the assessee. The assessee or the taxpayers contribute to the development of our economy and the Act helps to guide them and not to penalize them. In the present case, it is a fact on record that the assessee has filed its return of income in due time and whatever relief and rectification that were claimed by the assessee was a bonafide one. There was a technical fault because of which, the legal claim of the assessee should not be denied. The legal claim still remains good. Therefore, in our view, the order of the ld CIT(A) directing the AO to modify the order u/s.154 and allow proper relief to the assessee stands good and proper. Hence, we reject Ground No.1 of appeal filed by the revenue. Violation of Rule 46A of ITAT Rules - As noted that in the appeal against the order u/s.154 of the Act before the ld CIT(A), no additional evidence was produced by the assessee. At the outset, the Bench has asked the ld D.R to demonstrate the violation of provisions of Rule 46A of I.T.Rules which was mentioned in the ground of appeal. Nothing specific was pointed out by him. In such situation, it is not justifiable to allege that there was any infringement of Rule 46A of I.T.Rules. Therefore, in our view, there was no violation of Rule 46A of I.T.Rules, as agitated by the revenue in Ground No.2. Hence, we dismiss this ground.
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