High Court allows carry forward of loss despite late filing

Basant Kumar Bajoria Versus Commissioner Of Income-Tax

Basant Kumar Bajoria Versus Commissioner Of Income-Tax - [1993] 202 ITR 957, 71 TAXMANN 617 Issues:
1. Carry forward of loss under section 72(1) read with section 80 of the Income-tax Act, 1961 for the assessment year 1982-83.
2. Jurisdiction of the 'SMC' Bench of the Tribunal in deciding the appeal when the loss returned was Rs. 7,18,840.

Analysis:

Issue 1: Carry forward of loss under section 72(1) read with section 80 of the Income-tax Act, 1961 for the assessment year 1982-83
The case involved a dispute regarding the carry forward of a loss for the assessment year 1982-83. The assessee filed a return after the due date, claiming extensions for filing the return. The Income-tax Officer completed the assessment on a loss of Rs. 94,060 but did not allow the carry forward due to the delayed filing. The Deputy Commissioner (Appeals) held that the return filed after March 31, 1983, did not comply with the provisions of section 139(3) of the Act, rejecting the claim for carry forward. On appeal, the Tribunal also denied the claim, stating that the extensions sought by the assessee were not proven. However, the High Court referred to past decisions where it was held that even if the return was filed late but before the assessment was completed, the loss could still be carried forward. Citing precedents, the High Court ruled in favor of the assessee, allowing the carry forward of the loss under section 80 of the Act.

Issue 2: Jurisdiction of the 'SMC' Bench of the Tribunal
The second issue raised was whether the 'SMC' Bench of the Tribunal had the legal jurisdiction to decide the appeal when the loss returned was Rs. 7,18,840. However, due to the favorable decision on the first issue regarding the carry forward of the loss, the High Court deemed it unnecessary to address the question of the Tribunal's jurisdiction. Consequently, the High Court declined to answer the second question in the reference.

In conclusion, the High Court allowed the carry forward of the loss for the assessment year 1982-83, based on previous judgments and interpretations of the Income-tax Act. The Tribunal's jurisdiction issue was not addressed due to the favorable decision on the primary issue.