ACIT, Varanasi V. M/s Chandawak Flour Mills Pvt. Ltd., Varanasi

ITA 136/ALLD/2011

• Counselvise Citation: [2012] 140 COUNSELVISE.COM (IT) 63336 (ITAT-ALLAHABAD)
• Duration Of Justice: 1 year(s) 4 month(s) 2 day(s)
• Appeal Type: Income Tax Appeal
• Pronouncement Date: 02-11-2012
• Appeal Filed By: Department
• Order Result: Dismissed
• Bench Allotted: DB
• Assessment Year: 2007-2008
• Appeal Filed On: 30-06-2011
• Result in Favour of: Assessee
• Court: TRIBUNAL
• Department Lawyers: Y P SRIVASTA VA

Judgement Text

IN THE INCOME TAX APPELLATE TRIBUNAL ALLAHABAD BENCH, ALLAHABAD BEFORE SHRI BHAVNESH SAINI, JUDICIAL MEMBER AND SHRI A.L. GEHLOT, ACCOUNTANT MEMBER ITA NO.136/A/2011 ASSESSMENT YEAR: 2007-08 ASSTT. COMMISSIONER OF INCOME TAX, VS. M/S.CH ANDAWAK FLOUR MILLS CIRCLE-2, VARANASI. PVT. LTD., B-66, KABRA BHAWAN, LANE NO.13, RAVINDRAPURI, VARANASI. (PAN: AAACC 9421 G) (APPELLANT) (RESPONDENT) APPELLANT BY : SHRI Y.P. SRIVASTAVA, D.R. RESPONDENT BY : SHRI ASHISH BANSAL, ADVOCATE DATE OF HEARING : 31.10.2012 DATE OF PRONOUNCEMENT : 02.11.2012 ORDER PER A.L. GEHLOT, ACCOUNTANT MEMBER: THIS IS AN APPEAL FILED BY THE REVENUE AGAINST THE ORDER DATED 20.04.2011 PASSED BY THE LD. CIT(A), VARANASI FOR THE ASSESSME NT YEAR 2007-08. 2. THE EFFECTIVE GROUND RAISED IN THE APPEAL IS IN RESPECT OF BROUGHT FORWARD LOSS OF EARLIER YEAR AMOUNTING TO RS.9,28,759/-. ITA NO.136/A/2011 A.Y. 2007-08 2 3. THE BRIEF FACTS OF THE CASE ARE THAT THE ASSESS ING OFFICER DISALLOWDO THE LOSS CLAIM OF THE ASSESSEES BROUGHT FORWARD FROM PREVIO US YEAR AMOUNTING TO RS.9,28,749/- ON THE GROUND THAT THE RELEVANT RETUR N IS BELATED. THE CIT(A) ALLOWED THE CLAIM OF THE ASSESSEE AS UNDER :- (PARA GRAPH NO.4, PAGE 2) DURING THE COURSE OF APPELLATE PROCEEDINGS, AR OF THE ASSESSEE STATED THAT THE LEARNED ASSESSING OFFICER HAS ALSO NARRATED IN THE ASSESSMENT ORDER FOR THE ASSESSMENT YEAR UND ER APPEAL THAT BECAUSE THE LOSS OF CURRENT YEAR WILL NOT BE ALLOW ED CARRIED FORWARD THE RETURN OF INCOME BEING FILED LATE, THEREFORE TH E LOSSES CLAIMED AND ASSESSED IN EARLIER YEAR WILL ALSO NOT BE ALLOWED T O BE CARRIED FORWARD. THE OBSERVATION OF LEARNED ASSESSING OFF ICER IS AGAINST THE PROVISION OF LAW AND AS PER LAW THE LOSSES WHICH HA S BEEN ALLOWED IN PREVIOUS YEAS HAS TO BE ALLOWED TO BE CARRIED FORWA RD AND LATE FILING OF THE RETURN OF CURRENT YEAR CANNOT BE ITS ALLOWAB ILITY AND FOR BEING CARRIED FORWARD. I AM OF THE OPINION THAT ASSESSEES SUBMISSION HAS FORCE AND LOSES ALLOWED TO BE CARRIED FORWARD IN EARLIER YEAR S SHOULD BE ALLOWED. ASSESSEE HAS FILED BELATED RETURN ACCORDI NGLY ASSESSING OFFICER DID NOT ALLOW THE CURRENT YEAR LOSS TO BE C ARRIED FORWARD BUT EARLIER YEARS LOSS SHOULD BE ALLOWED TO BE CARRIED FORWARD. HENCE ASSESSEE GETS RELIEF ON THIS COUNT. 4. WE HAVE HEARD THE LEARNED REPRESENTATIVES OF THE PARTIES AND RECORDS PERUSED. THE CIT(A) NOTED IN THE FINDING THAT THE ASSESSEE HAS FILED RETURN. THE REVENUE HAS FAILED TO POINT OUT ANY CONTRARY MATERI AL TO THE FINDING OF THE CIT(A). THE ASSESSING OFFICER DISALLOWED THE CLAIM OF THE A SSESSEE WITHOUT NARRATING COMPLETE FACT INCLUDING THE DATE OF FILING OF RETUR N. THE CIT(A) ALLOWED THE CLAIM OF THE ASSESSEE NOTING THE FACT THAT THE ASSESSEE H AS FILED THE RETURN OF INCOME. SINCE THERE IS NO CONTRARY MATERIAL ON RECORD NOR T HE SAME IS POINTED OUT AT THE TIME ITA NO.136/A/2011 A.Y. 2007-08 3 OF HEARING, IN THE LIGHT OF THE FACT, WE FIND NO IN FIRMITY IN THE ORDER OF CIT(A). ORDER OF CIT(A) IS CONFIRMED 5. IN THE RESULT, APPEAL FILED BY THE REVENUE IS DI SMISSED. (ORDER PRONOUNCED IN THE OPEN COURT) SD/- SD/- (BHAVNESH SAINI) (A.L. GEHLOT) JUDICIAL MEMBER ACCOUNTANT MEMBER PBN/* COPY OF THE ORDER FORWARDED TO: 1. APPELLANT 2. RESPONDENT 3. CIT (APPEALS) CONCERNED 4. CIT CONCERNED 5. D.R., ITAT, ALLAHABAD BENCH, ALLAHABAD 6. GUARD FILE. BY ORDER ASSISTANT REGISTRAR INCOME-TAX APPELLATE T RIBUNAL, ALLAHABAD TRUE COPY