2018 (8) TMI 1767

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....pondent : Ashish Bansal,S.K.Garg ORDER Heard Sri Ashish Agrawal, learned Counsel for theappellant and Sri Ashish Bansal, learned Counsel for the respondent. This is an appeal filed by the department under Section 260-A of the Income Tax Act, 1961 for the assessment year 2007-08 against the order of the Tribunal dated 08.11.2012. The questions of law referred to are quoted hereunder:- ....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

.... beyond the due date, hence in view of the decision of the High Court in the case of Jogender Pal HUF Vs. CIT reported in (2011) Vol.331 ITR, page 31, and in view of the decision of the Hon'ble Court in (2010) Vol.324 ITR, page 80, the Tribunal was not justified in allowing the claim of the carry forward of the losses of Rs. 7,59,46,064/- ?" The Tribunal has recorded a clear finding of fact....