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2019 (5) TMI 749

THAT:- We also observe that the 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. Assessee had attended the proceedings under the bonafide belief that the losses as claimed (which was same in both returns filed u/s 139(1) and 153(A) were duly being assessed by the AO, and t .....

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h Section 153A of the Income Tax Act, 1961 (in short, the Act). 2. The grievance of the assessee in all the years under consideration are common, therefore, we have heard all the appeals together and are now deciding the same by this consolidated order. 3. Grounds taken by the assessee in ITA No. 1393/JP/2018 for the A.Y. 2008-09 are as under: 1. On the facts and in the circumstances of the case, the Ld. CIT(A) has grossly erred in upholding that assessee has declared additional income of ₹ 5,232/- in return of income filed in response to notice issued u/s 153A without appreciating the facts and circumstances of the case and the submissions made before the Ld. AO. Thus, the conclusion so drawn based on wrong appreciation of facts, des .....

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1961 was conducted on 04.09.2013 in the case of JKD Group and Okay Plus Group and its members, and the assessee is one of the member of Okay Plus Group. Originally the Return of Income for all the respective years under appeal were filed u/s 139(1) of the Income Tax Act, 1961 declaring Nil Income after claiming loss as appearing in the above table, which were claimed as carried forward to next years. Thereafter in response to notice issued u/s 153A dated 04.12.2014, returns were filed within the time limit provided in the notice declaring Nil Income and claiming loss for the current year as was claimed in the returns filed u/s 139(1) of the Act, however, due to some technical error the figure of current year loss claimed and carried forward .....

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arise out of the return filed u/s 153A of the Act. Ld. CIT(A) further alleged that an assessee can raise only the issue that has been examined by AO or that arises from the assessment order. 4. Ld. CIT(A) further alleged that the assessee would have genuinely not claimed the current year loss for some reason best known to the assessee, say not claiming certain expenditure after the search operation. 6. Against the above order of the ld. CIT(A), the assessee is in further appeal before the ITAT. 7. We have considered the rival contentions and carefully gone through the orders of the authorities below and found from the record that the assessee had not declared any additional income, pursuant to search in any of the assessment years involved .....

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d gains has been shown as negative i.e. loss. Further in schedule CYLA in the column no. 3 meant for specifying the current year business loss if any, the assessee has duly filled the current year loss. Finally, in row VII of schedule CYLA again the current year loss (after set off) the assessee has again shown the current year loss amount. Also, in Schedule CFL in the row (xi) specifying the current year loss, the amount of loss is duly appearing. Thus, the assessee has duly shown its current year loss at all the required places in the ITR which are at as many as three places. 9. With regard to ld. CIT(A) s observation to the effect that all the data in the two returns filed were not same because if it would have been so then two different .....

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as same in both returns filed u/s 139(1) and 153A) were duly being assessed by the AO, and this intention of the AO to treat the current year loss of the assessee as its additional income was never intimated during the assessment proceeding. Rather it was noticed only when the assessment order was received, thus no opportunity was ever granted to explain the issue during the course of assessment proceedings before AO. 12. Moreover, we observe that 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. In the instant case, assessee has claimed the business loss and carried forward the loss .....

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