2014 (1) TMI 1279

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....on the circumstances of the case, the ld. CIT(A)-1 has erred in law by directing the A.O. to verify whether the assessee furnished his original return of income within due date u/s 139(1) or not, which tantamounts to setting aside of the proceedings.      (2) That on the circumstances of the case, the ld. CIT(A)-1 has erred in fact and law by admitting acknowledgement of return dated 31.07.2008 of the assessee in violation of provision of Rule 46A of the I.T. Rules, 1962." 3. To adjudicate on these grievances, only a few material facts need to be taken note of. The assessee before us is an individual, who has earned income from salary, capital gain and other sources. During the course of assessment proceedings, the....

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....s directed to verify the claim from the records and allowed the claim as per law, the assessee is entitled to set off the loss so carried forward against current year's capital gains. The Assessing Officer is not satisfied with the stand so taken by the CIT(Appeals) and is in appeal before us. 5. We have heard the parties, perused the material on record and duly considered facts of the case in the light of the applicable legal position. 6. We have noted that Assessing Officer's grievance is two fold, i.e. (i) the CIT(Appeals) has erred in law by directing the Assessing Officer to verify the date of furnishing the original income tax return; and (ii) against by admitting acknowledgement of return of the assessee, which Assessing Office....