Home Case Index All Cases Income Tax Income Tax + AT Income Tax - 2023 (1) TMI AT This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2023 (1) TMI 568 - AT - Income TaxAdjustment u/s 143 (1) - Reduction in Carry forward losses - violating the principles of natural justice - claim of carry forward of the loss has been reduced by an amount without being provided an opportunity to the assessee - HELD THAT:- DR was asked to file copy of any notice or intimation issued by the Assessing Officer prior to adjustment to the amount of carry forward of loss by the assessee. DR expressed his inability in producing the said record. CIT(A) has also not adjudicated issue raised by the assessee in the appeal. From para seven of the written submission of the assessee also we find that this case was subsequently selected for scrutiny and order under section 143 (3) of the Act has been passed. Assessee has apprised as of the fact that the Assessing Officer has till date not responded to the rectification application filed by the assessee. Thus the grievance of the assessee has neither been attended by the Assessing Officer nor by the CIT(A). We feel it appropriate to restore the matter of amount of loss for which the assessee is eligible for carry forward to the file of the AO for avoiding multiplicity of the proceedings, because rectification proceeding of the assessee are already pending before the AO. It is needless to mention that the assessee shall be afforded adequate opportunity of being heard. Appeal of the assessee is allowed for statistical purposes.
|