9911796707
TMI Blog2019 (9) TMI 92X X X X Extracts X X X X X X X X Extracts X X X X ..... (A) has failed to appreciate the fact that the current year loss of Rs. 1,23,399/- as was appearing in acknowledgement of return filed u/s 139, was also duly appearing in the 'Schedule CFL' of the ITR-6 filed u/s 153A of the IT Act. But inadvertently the same did not add up in the 'Total loss carried forward' column of the said schedule, and consequently did not appear in the acknowledgement filed u/s 153A of the Act. The Appellant prays that this being a technical/software error, beyond control of the assessee does not bar the assessee from claiming and carrying forward the legitimate losses genuinely incurred. Thus treating the same as additional income declared in return filed u/s 153A is absolutely unjustified and the addition so made deserves to be deleted. 2. The appellant craves the right to add, delete or amend any of the grounds of appeal either before or at the time of hearing of appeal. 2. The assessee is a private limited company engaged in the business of production and trading of clothes. A search under section 132 was conducted on 4th September, 2013 in case of JKD Group and Okay Plus Group and its members. The assessee is one of the members of Okay Plus Group and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er section 139(1) as well as returns of income filed under section 153A of the IT Act and noted that the assessee has claimed the respective amounts of losses for these three assessment years in the returns of income under section 139(1) and the same amounts were also claimed in the returns of income filed under section 153A of the IT Act though in the acknowledgements generated by the departmental system for the returns of income filed under section 153A the amount of loss has not been shown. However, in the computation of total income, this income is duly reflected and matching with the amount as shown in the return of income filed electronically. Once the amount is duly claimed in the return of income filed electronically as well as also shown in the computation of income, then merely because the same is not appearing in the acknowledgement of return of income generated by the departmental systems cannot be the reason for denial of the claim. We find that this Tribunal in the other group cases of the assessee in ITA No. 1393 to 1411/JP/2018 vide order dated 9th May, 2019 have considered and decided this issue in favour of the assessee. The said decision was then followed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 rejection of carry forward of current years loss in all the assessment years as above on the following grounds: 1. The assessee nowhere in the submission had mentioned that both returns filed u/s 139(1) and 153A were exactly identical. He further alleged that since the computation is first made on the stand alone computer of the Chartered Accountant, which is then uploaded on the income tax website, it is not possible that two separate acknowledgements are generated when the data fed is exactly the same. Thus it was conclusively indicative that the two returns filed were not exactly the same. 2. That what is the technical reason due to which different acknowledgement is generated was not spelled out (even if it was assumed that both returns filed u/s139(1) and sec 153A are identical). Thus this contention is vague and unspecific. 3. The claim was in the nature of fresh claim, which was nev ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 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 gener ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... er consideration with respect to all the bunch of other appeals are same. Following the reasoning given hereinabove i.e. in ITA No. 1393/JP/2018 for the A.Y. 2008-09, we set aside the orders of the authorities below and allow all the appeals so filed by the different assesses. 15. In the result, all the appeals of the different assesses are allowed in terms indicated hereinabove." 6. As the facts and circumstances in the impugned appeals are exactly same as has been discussed elaborately by the Tribunal in its order dated 09/05/2019. Respectfully following the order of the Tribunal dated 09/05/2019, we do not find any merit in the addition so made by the A.O. by ignoring the assessee's claim of loss so filed in the return U/s 139(1) of the Act." The facts in the appeals before us are identical to the facts of the appeals of the group concerns as decided by the Tribunal. Accordingly, in view of the above discussions as well as following the decisions of this Tribunal cited supra, the orders of the authorities below qua this issue are set aside and the claim of the assessee for carry forward of losses is allowed. 6. In the result, all the appeals of the assessee are allowed. O ..... X X X X Extracts X X X X X X X X Extracts X X X X
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