2005 (11) TMI 485

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....atap Singh Dass ORDER Bhavnesh Saini, Judicial Member . - This appeal by the Revenue is directed against the order of the CIT(A), Ludhiana dated 17-9-2004 for the block period from 1-4-1990 to 16-1-2001 on the following grounds :- "(1)The ld. CIT(A) has erred both in law and on facts of the case in directing the Assessing Officer to allow the assessee's claim of loss of later years agains....

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....stt. CIT [1998] 65 ITD 501 deleted the addition and allowed the claim of the assessee for set off of the losses against the undisclosed income. Similarly, the Assessing Officer charged surcharge under section 113 of the Income-tax Act. The CIT(A) deleted the charging of surcharge by following various decisions of the different Benches of the ITAT and was of the view that the proviso to section 113....