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of <h1>Tax Appeal Partially Upheld: Tribunal Rejects Adjournment, Remands Case for Compliance with High Court Ruling on Unabsorbed Losses</h1> <h3>DCIT, Circle-14 (1), New Delhi Versus M/s. K.N. Infracon Pvt. Ltd.</h3> ITAT Delhi partially allowed Revenue's appeal in tax matter. Tribunal rejected assessee's adjournment request and remanded case to Assessing Officer, ... Order of CIT (A) passed u/s 250 - claim of brought forwarded unabsorbed business losses - Assessee has filed certain documents with regard to the claim of brought forwarded unabsorbed business losses and after considering the same, CIT(A) has allowed the appeal of the assessee. HELD THAT:- As further seen in the case of M/s Yum Restaurants (India) Pvt. Ltd. [2016 (1) TMI 582 - DELHI HIGH COURT] has already dealt this issue and given contrary findings, however, CIT(A) has not considered the said judgment while allowing the appeal of the assessee. The matter is sent back to the file of the AO with directions to be considered the claim to the assessee in view of the judgment of M/s Yum Restaurants (India) Pvt. Ltd. (supra) and decide the same in accordance with law. Both the grounds of appeal of Revenue are allowed for statistical purposes. The Appellate Tribunal (ITAT Delhi) heard a Revenue appeal against the order of the Commissioner of Income Tax (Appeals)-5 dated 19.12.2018 for AY 2013-14. The assessee sought adjournment citing non-availability of Form-36; however, the Tribunal rejected this request due to the assessee's prior inaction and inconsistent reasons for adjournments. On merits, the CIT(A) had allowed the assessee's claim of brought forward unabsorbed business losses without considering the Hon'ble Jurisdictional High Court's contrary ruling in M/s Yum Restaurants (India) Pvt. Ltd. v. CIT-9 (ITA Nos. 349 & 388/2025, dated 13.01.2016). The Tribunal remanded the matter to the AO with directions to decide the claim in accordance with the High Court judgment. The Revenue's appeal was partly allowed 'for statistical purposes.'
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