2023 (4) TMI 934

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....ut of an assessment order passed by the Assessing Officer, Central Processing Centre (CPC), Bangalore under section 143(1) of the Income Tax Act, 1961 (hereinafter referred to as "the Act"), dated 13.06.2019. 2. Grounds of appeal raised by the assessee are as follows: "1. The CIT(A)-NFAC-Delhi has erred in confirming the incorrect adjustment made under clause (v) of the section 143(1)(a) of the Act, in disallowing the deduction claimed u/s 80(I)(A) of Rs.1,52,16,470/- (restricted to the amount of Gross Total Income of Rs.1,48,55,222/-). 2. The CIT(A)-NFAC-Delhi has erred in not deleting the repetition of above disallowance by way of incorrect adjustment made under section 143(1)(a)(i) of the Act. 3. The CIT(A)-....

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....cribed under section 139(1) of the Act, and therefore by invoking the provision of section 143(1)(a)(v) of the Act, the deduction claimed by assessee u/s 80 IA(4) has been disallowed. 5. Aggrieved by the order of the Assessing Officer, (CPC Bangalore) the assessee carried the matter in appeal before the ld. CIT(A), who has confirmed the action of the Assessing Officer, [Central Processing Centre (CPC), Bengaluru]. Aggrieved, by the order of the ld. CIT(A), the assessee is in further appeal before us. 6. Learned Counsel for the assessee pleaded that return of income filed by the assessee is late by one minute as the server (the computer electronic machine of the Department- website of department) was not responding properly, hence ther....

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....15 which was beyond the date. The Assessing officer disallowed the carried forward loss of Rs. 1,50,40,579/- by taking a view that where the assessee has some capital loss or business loss from business or profession to be carried forward, the assessee should file its return of income within due date as prescribed under Section 139(1). The ld. CIT(A) has held that assessee's claim of loss was disallowed for the reasons that the return was not filed within due date prescribed under section 139(1). The ld CIT(A) held that the delay of 11 minutes is bonafide. The ld. CIT(A) also recorded that the digital signatory Manish K Gupta could upload his proprietary return of income of Maatra Overseas within prescribed due date of 31/10/2015 (before 00....