TMI Blog2022 (6) TMI 116X X X X Extracts X X X X X X X X Extracts X X X X ..... raised following grounds of appeal:- "Being aggrieved by the Order dated 29th November 2021 passed under section 250 of the income tax Act 1961 (hereinafter referred to as the Act"), by the Hon'ble Commissioner of Income Tax (Appeals) National Faceless Appeal Centre (hereinafter referred to as the Hon'ble CIT(A), the Appellant prays and submits the following Ground of Appeal for your sympathetic consideration. which may kindly be considered and adjudicated: 1. No direction given to the Learned AO to pass a speaking order for allowing carry forward of losses claimed by the Appellant: On the facts and the circumstances of the case and in law, the Hon'ble CIT(A) has erred in not directing the Learned AO to pass a speaking or ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... before the learned CIT(A) stating that there was no direction in the assessment order to carry forward assessed loss as business loss and also unabsorbed depreciation as per the provision of Section 32(2) and Section 72 of the Act. Assessee is also aggrieved with the order of learned Assessing Officer as not granting the interest under Section 244A of the Act up to the date of issue of refund cheque. The learned CIT(A) dismissed both the grounds. On the issue of carried forward loss of unabsorbed depreciation, he held that the order of the learned Assessing Officer is without making any adjustment to the total income of the assessee and therefore, there is no need to pass any speaking order. With respect to the second issue of allowing int ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... it of the same, the response of the learned Authorised Representative was in negative and stating that there is no such disallowance made by the learned Assessing Officer, however, for the sake of clarity the same is required to be determined. 7. We have carefully considered the rival contentions and perused the orders of the lower authorities. On the first issue, with respect to carry forward of unabsorbed depreciation and business loss, we find that the learned Assessing Officer has granted assessee the same in subsequent years and therefore, assessee is not aggrieved with that. Even otherwise, we direct the learned Assessing Officer to determine the carried forward of loss to be set off against subsequent years and up to which assessmen ..... X X X X Extracts X X X X X X X X Extracts X X X X
|