TMI Blog2013 (7) TMI 953X X X X Extracts X X X X X X X X Extracts X X X X ..... loss was not claimed, however, during the assessment proceeding a letter was filed before the AO to consider the same. As stated above, in view of the decision of the Hon’ble Apex Court in Goetz (India) Ltd. Vs. CIT [2006 (3) TMI 75 - SUPREME Court ], the AO has not considered the claim of the assessee. CIT(A) also did not consider the claim of the assessee and confirmed the action of the AO. In ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng that the assessee has not claimed in the return filed originally. By placing reliance on the decision of Goetz (India) Ltd. Vs. CIT, reported in (2006) 284 ITR 323 (SC), the AO denied the claim of loss as mentioned above to be carried forward. 5. In appeal, learned CIT(A) also confirmed the action of the AO. 6. After considering the rival submissions, I found that the matter should go bac ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... appellate authority a legal claim can be made. In view of these facts and circumstances of the case, I set aside the order of the AO and CIT(A) on these issues and restore the matter back to the file of the AO to consider the claim of the loss on carry forward under the head short term capital loss and under the head speculation loss on merit after affording a reasonable opportunity of being heard ..... X X X X Extracts X X X X X X X X Extracts X X X X
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