https://www.taxtmi.com/caselaws?id=71390 The Tribunal determined that the return filed by the assessee was in response to a notice under section 148, not under section 139(4). The Commissioner (Appeals) was found to have erred in directing the ITO to allow carry forward of losses, as it contradicted a Supreme Court decision. Consequently, the Commissioner's decision was canceled, and the departmental appeal was allowed for statistical purposes. This case underscores the significance of accurately identifying the nature of returns filed by taxpayers in response to different sections of the Income-tax Act and the impact of inconsistent positions taken during legal proceedings. en-us Wed, 15 Sep 1982 00:00:00 +0530 Sat, 23 Apr 2011 11:31:00 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=71390 The Tribunal determined that the return filed by the assessee was in response to a notice under section 148, not under section 139(4). The Commissioner (Appeals) was found to have erred in directing the ITO to allow carry forward of losses, as it contradicted a Supreme Court decision. Consequently, the Commissioner's decision was canceled, and the departmental appeal was allowed for statistical purposes. This case underscores the significance of accurately identifying the nature of returns filed by taxpayers in response to different sections of the Income-tax Act and the impact of inconsistent positions taken during legal proceedings. Case-Laws Income Tax Wed, 15 Sep 1982 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=71390