2013 (7) TMI 953

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....lating to the assessment year 2008-09. 2. Grounds No.1A & 1B were not pressed, therefore, they are dismissed as not pressed. 3. Grounds No.1C&1D relate to denial of benefit of carry forward of short term capital loss at Rs. 11,93,886/- and denial of carry forward of speculation loss at Rs. 28,926/-. 4. The AO did not allow the carry forward losses by observing that the assessee has not claimed ....

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....er was filed before the AO to consider the same. As stated above, in view of the decision of the Hon'ble Apex Court, the AO has not considered the claim of the assessee. CIT(A) also did not consider the claim of the assessee and confirmed the action of the AO. In my considered view, the learned CIT(A) should have considered the issue on merit as before the appellate authority a legal claim can be ....