1995 (2) TMI 43

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....are fulfilled, the loss, if any, may be considered for being carried forward, when there was no decision by the Appellate Assistant Commissioner on the point of determination and carry forward of loss in all the appeals filed by the Department and to which no cross-objection has been filed by the assessee thereby putting the Department to a more disadvantageous position than it was at the time of filing the appeal ? " The assessee is assessed in the status of an individual under section 143(3) of the Income-tax Act, 1961, for the assessment years 1980-81 and 1981-82. The Income-tax Officer in the assessment orders noted that the assessee had not shown income from the business of his wife, which was included in the previous year and which w....

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....ms part of the order which forms the subject-matter of the question of law as referred. Mr. Talukdar, learned standing counsel for the Revenue, submitted that the above direction by the Tribunal was wrong, more so when the assessee had not filed any cross-objection and the Tribunal exceeded its jurisdiction making the above order. He has placed reliance on the following two judgments--(1) Assam Co-operative Apex Bank Ltd. v. CIT [1978] 112 ITR 257 (Gauhati) and (2) ITO v. R. L. Rajghoria [1979] 119 ITR 872 (Cal). The cases relied upon by learned counsel for the Revenue turn on their own peculiar facts. In R. L. Rajghoria's case [1979] 119 ITR 872, the Calcutta High Court held as follows (at page 876) : "....The question whether the loss....