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TMI Blog2023 (5) TMI 1259X X X X Extracts X X X X X X X X Extracts X X X X ..... : Mr. Chetan Kacha, CIT-DR ORDER PER OM PRAKASH KANT, AM This appeal by the assessee was adjudicated by the Tribunal on 14.06.2022, however same has been recalled by way of the order in Miscellaneous Application No. 358/Mum/2022, and therefore, both the parties were again heard on the ground raised in the appeal. The relevant ground of appeal is reproduced as under: "On the facts and cir ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... JSW Steel Ltd. (2021) 115 taxmann.com 164 (Bombay) held that in case of abated assessment, return of income filed u/s 153A has to be considered as 'regular return' of income and it is upon for the assessee to lodge a new claim in the return of income filed u/s 153A which was not claimed in his original return of income. Since, in the case of the assessee, the original return u/s 139(1) of the Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... iled in terms of section 139(1) of the Act and therefore, the assessee is eligible for carry forward of the loss as per the provisions of law. In the facts of the case, the Assessing Officer need to verify and compute the quantum of loss, therefore , in the interest of substantial justice, we feel it appropriate to restore this issue back to the file of the Assessing Officer for examining the comp ..... X X X X Extracts X X X X X X X X Extracts X X X X
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