2019 (8) TMI 241

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....The Court: The legal point in issue is entirely covered by a Division Bench judgment of our Court in Koppind Pvt. Ltd. v. Commissioner of Income Tax reported in 207 ITR 228. The ratio of that case is that where no return has been filed under section 139(1) or 139(2) of the Income Tax Act, 1961, unabsorbed depreciation cannot be claimed in a proceeding under section 148 of the said Act. This decisi....

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.... case. Learned counsel relies on a solitary sentence in the said judgment which is extracted below: "Similarly, there is no provision under the Act which makes it mandatory for the assessee to file return for carry forward and set off of unabsorbed depreciation which is to be notified by the Assessing Officer as in the case of unabsorbed business loss." This passage from the judgment can in no ....