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TMI Blog2019 (8) TMI 605X X X X Extracts X X X X X X X X Extracts X X X X ..... 9/5/2019 wherein under similar facts and circumstances, the Tribunal have decided the very same issues which have been raised in these appeals and contended that the issue is squarely covered by the decision of the Tribunal dated 09/05/2019. 3. On the other hand, the ld. DR has strongly supported the orders passed by the lower authorities and contended that the lower authorities were perfectly justified in ignoring assessee's claim of loss which was not part of return filed U/s 153A of the Act. 4. We have considered the rival contentions and carefully gone through the orders of the authorities below. In all these appeals, addition has been made by the A.O. in respect of loss which was appearing in acknowledgement of return filed U/s 139 o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... aiming 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 did not appear in the acknowledgement generated online. The AO completed assessment u/s 143(3) r.w.s. 153A of the Act for all the above AYs at Nil Income but without giving benefit of carry forward to current year losses, stating that such loss was not claimed by the assessee in the return filed u/s 153A and made addition of the same by alleging it to be additional income offered by the assessee in its return filed pursuant to search u/s 153A of the Act. Ld. CIT(A) did not consider the explanation / submissions made by the assessee and confirmed the rejec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arefully 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. The contention of the assessee that no additional income was offered in the return filed u/s 153A is further strengthened by the reply of the assessee to the point no 8 of the questionnaires issued during each of the assessment proceedings, wherein the assessee has specifically mentioned the fact that no additional income was offered by it. Moreover, during the course of search no incriminating material whatsoever was found indicating any undisclosed income pertaining to assessee. Further AO has not pointed any such document in the assessment ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... R 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 Acknowledgement would not have been generated, is misplaced. In this regard, we observe that though data in the two returns were obviously same as submitted earlier also, but as the return now filed was u/s 153A and the earlier return was u/s 139(1) accordingly different acknowledgement would surely be generated even if the data of income etc. are same. We also found that the assessee has duly filled the current years losses in the ITR as stated above, but due to some technical error the same is not reflected in the acknowledgement gene ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 in the original return of income filed u/s 139(1) of the IT Act, 1961 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. 13. In view of the above discussion, I do not find any merits in the orders so passed by the lower authorities regarding declaration of additional income by the assessee, accordingly, we direct the A.O. to allow the benefit of ..... X X X X Extracts X X X X X X X X Extracts X X X X
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