AI Drafter 
TaxTMI 
TaxTMI 
2022 (11) TMI 313
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....lowing grounds of appeal:- "1. In law and in facts and circumstances of the Appellant's case, the learned Commissioner of Income-tax (Appeals) has erred in points of law and facts. 2. In law arid in facts and circumstances of the Appellant's' case, the learned Commissioner of Income-tax (Appeals) has grossly erred in dismissing appellant's ground of not granting set off of brought forward business loss of Rs.22,08,026/- of Asst. Year 2016-17. The claim was put up vide letter dt.14.11.2019 before Ld ACIT, Circle - 3(1)(1), Ahmedabad. This claim was referred in submission to CIT(A) in letter dt 29-9-2021. 3. In law and in facts and circumstances of the Appellant's case, the learned Commissioner o....
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....nt year 2016-17, which the assessee inadvertently omitted to claim in the return of income. During the course of assessment proceedings, the assessee filed letter dated 14-11-2019 requesting for set-off of such brought forward business losses against the income for the captioned year. However, the AO passed assessment order under section 143(3) of the Act on 04-12-2019, in which the brought forward business loss of Rs. 22, 08,026/- for assessment year 2016-17 were not set-off against the income of assessment year 2017-18. In fact, the assessment order did not at all make any mention of the aforesaid submission / claim of set-off filed / made by the assessee requesting for set-off of business losses of assessment year 2016-17 against the inc....
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.... assessment order and the only addition made thereto is the sum of Rs.44,230/- towards interest U/S.244A as stated above. This clearly shows that the appellant itself had not made any such claim of set-off of carry forward business loss in the return of income. 4.2.1. It is further seen that nowhere in the order, there is any mention of such brought forward business loss of AY.2016-17 or its denial which the appellant claimed to have requested before the AO during the course of assessment proceedings. No evidence thereof also has been filed by the appellant. However, the appellant submits that as per intimation u/s. 143(1) dated 07.12.2016 for AY.2016-17, it is allowed to carry forward current year's loss of Rs.22,08,026/- and ....
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.... of the Act is restricted to the subject-matter of assessment or the sources of income which have been considered expressly or by clear implication by the Income-tax Officer from the point of view of the taxability of the assessee. As we have already stated, it is not open to the Appellate Assistant Commissioner to travel outside the record, i.e., the return made by the assessee or the assessment order of the Income- tax Officer with a view to find out new sources of income and the power of enhancement under s. 31(3) of the Act is restricted to the sources of income which have been the subject-matter of consideration by the Income-tax Officer from the point of view of taxability. In this context "consideration" does not mean "incid....
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.... Rs. 22,08,026/- for assessment year 2016-17. Therefore, there is no doubt that the assessee is eligible for set-off of brought forward losses of assessment year 2016-17 to the tune of Rs. 22,08,026/- against the income for the impugned assessment year 2017-18. Further, the counsel for the assessee also drew our attention to page 16 of the paper book and submitted that this issue was brought to the knowledge of the Ld. CIT(Appeals), and the assessee had specifically requested the Ld. CIT(Appeals) to allow set-off of brought forward losses of assessment year 2016-17 against the income for the impugned assessment year. However, Ld. CIT(Appeals) completely ignored the assessee's request and did not allow such set-off, which is a legally tenabl....