2018 (1) TMI 1301

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....dl. CIT ORDER Per M.Balaganesh, AM 1. This appeal by the Assessee arises out of the order of the Learned Commissioner of Income Tax(Appeals)-16, Kolkata [in short the ld CIT(A)] in Appeal No.500/CIT(A)-16/Kol/2015-16/W-4(3) dated 13.05.2016 against the order passed by the ACIT, Circle-4, Kolkata [ in short the ld AO] under section 143(3) of the Income Tax Act, 1961 (in short "the Act") da....

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....assessee at Rs. 65,16,832/-. The Ld. AO while determining the total income for the assessment year 2010-11, did not give the benefit of set off of brought forward losses for assessment year 2009-10. The assessee raised a ground of appeal seeking for the same before the Ld. CIT(A) and also by placing reliance on various decisions. The Ld. CIT(A) observed that the assessee had not made any claim of ....

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....in not considering the fact that the issue was raised before the Ld. Assessing Officer, ACIT, Circle-4, Kolkata in course of hearing of the case. In spite of the fact, the Ld. AO & Ld. CIT(A) did not consider the brought forward business loss of Rs. 79,97,483/- assessed u/s 143(3) relating to A.Y. 2009-10. For that the Ld. CIT(Appeals) was wrong in not considering brought forward business loss. ....

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....O to consider the legitimate claim of set off of brought forward business loss so as to determine the true and correct income of the assessee. The decision of the Hon'ble Supreme Court in the case of Goetze India reported in 284 ITR 323(supra) clearly shows that the said decision is limited only to assessing authority and does not impinge upon the power of the Income Tax Appellate Tribunal u/s....