1984 (5) TMI 74 - AT - Income Tax

Assessee denied loss carryforward for late filing under Income-tax Act

The Tribunal held that an assessee-company was not entitled to carry forward losses declared for the first time in response to notices under sections 148 ... Assessment Year, Business Loss, Carry Forward And Set Off, Set On Issues:- Entitlement to carry forward losses declared for the first time in response to notice under section 148 read with section 147(a) of the Income-tax Act, 1961.Analysis:The judgment revolves around the issue of whether an assessee-company is entitled to have its loss determined and carried forward when such loss was declared for the first time in the returns filed in response to a notice under section 148 read with section 147(a) of the Income-tax Act, 1961. The assessee, a private limited company engaged in the production of cinematographic feature films, did not voluntarily file its returns for the assessment years 1974-75 and 1975-76. Instead, it filed returns in response to notices issued by the ITO under section 148 read with section 147(a), declaring losses for both years. The ITO, upon examination, found discrepancies in the declared losses and the accounts presented by the assessee, leading to a determination of total income at nil for both years. The Commissioner (Appeals) upheld the ITO's decision, stating that the assessee could not claim the benefit of carrying forward losses as it did not file returns suo moto within the stipulated time. The assessee then appealed to the Tribunal.The Tribunal considered the submissions of both parties and analyzed the relevant provisions of the Income-tax Act. It noted that the assessee did not file returns within the statutory time limits specified under sections 139(1) and 139(4) for the assessment years in question. As per the provisions of section 139(3), a person who has not been served with a notice under section 139(2) must furnish returns within the specified time to claim the carry forward of losses. Since the assessee did not meet these requirements and claimed losses for the first time in response to notices under section 148 read with section 147(a), it was not entitled to have the losses determined and carried forward. The Tribunal distinguished the cited cases from the Madras and Calcutta High Courts, emphasizing that those cases involved different factual scenarios and did not support the assessee's contentions. It affirmed the decision of the Commissioner (Appeals) that reassessment proceedings under section 147(a) are not meant to grant relief by determining losses and carrying them forward. Consequently, the Tribunal dismissed the assessee's appeals, upholding the decision of the Commissioner (Appeals) for both assessment years.