2002 (7) TMI 43

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.... Income-tax Act, 1961, the Tribunal has referred the following question for our opinion: "Whether, the Tribunal was right in law in holding that the assessee-company was not entitled to carry forward of loss computed for the assessment year 1985-86?" The assessee is a limited company. The assessee-company claims to have made an application in Form No. 6 for extension of time on June 28, 1985....

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....earned counsel for the parties. Mr. Ranka, learned counsel for the assessee, submits that once the application for extension of time in Form No. 6 has been submitted before the Assessing Officer on or before the due date, if that application has not been rejected and communicated to the assessee, the presumptions will be that time has been extended. Application for extension of time has not been r....

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....rought to our notice any relevant decision which shows that once the application is filed for extension of time and that is pending with the Income-tax Officer, it is to be presumed that time sought for in the application has been extended. The admitted facts are that the returns are due to be filed on or before June 30, 1985. On June 28, 1985, the assessee had filed the application in Form No.....