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2019 (8) TMI 605 - ITAT JAIPURDisallowance of claim of loss which was not part of return filed U/s 153A - Addition has been made by the A.O. in respect of loss which was appearing in acknowledgement of return filed U/s 139 which was also appearing in the Schedule CFL of the ITR-6 filed U/s 153A, however, inadvertently the same did not add up in the “Total loss carried forward’ column of Form HELD THAT:- As decided in M/S O.K. SILK MILLS LTD. VERSUS D.C.I.T. [2019 (5) TMI 749 - ITAT JAIPUR] claim of the assessee for earlier years loss, which is inclusive of the loss of the preceding AY has been duly allowed by the AO and the same has not been disputed by Ld. CIT(A). This further strengthens our conclusion that the current years losses were not shown in the acknowledgement generated for returns filed u/s 153A were due to some inadvertent technical error, and in no manner ought to have been considered as additional income declared by the assessee pursuant to the search operations carried out in the group. It is not a case where the claim of any deduction has not been lodged in the original return filed u/s 139(1) and now the assessee wants to take the benefit of the same in the return of income filed u/s 153A. Assessee has claimed the business loss and carried forward the loss in the original return of income filed u/s 139(1) and again in the return filed in response to notice issued u/s 153A, however due to some error the claim was not properly appearing in the acknowledgment of return generated and for such genuine error the assessee should not be penalized. Respectfully following the order of the Tribunal in O.K. SILK MILLS LTD(supra), we do not find any merit in the addition so made by the A.O. by ignoring the assessee’s claim of loss so filed in the return U/s 139(1) - decided in favour of assessee.
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