2022 (12) TMI 1481

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....harth, CIT DR. ORDER PER N.K. BILLAIYA, AM: This appeal by the assessee is preferred against the order of the CIT(A)-33, New Delhi dated 26.12.2018 pertaining to A.Y. 2014-15. 2. The grievance of the assessee read as under :- 1. That the learned Commissioner of Income Tax (Appeals) erred in law as well as on facts while not permitting the assessee to carry forward accumulated ....

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.... per return                                  Rs.17,56,64,494/- Assessed at loss of Rs.17,56,64,490/-. B/F losses is not allowed to be carry forward as per para 3, 4, & 5. Give credit for TDS, advance tax and regular taxes....

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....O and the findings of the CIT(A) thereon. 6. We have given a thoughtful consideration to the orders of the authorities below. The undisputed fact is that while concluding assessment the AO declared that the loss computed is not allowed to be carried forward. In our considered opinion all that the AO is required is to notify the assessee the amount of loss as computed by him. Whether the loss in....

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.... decision recorded by the Assessing Officer who computes the loss in the previous year that the loss cannot be set off against the income of the subsequent year is not binding on the assessee. 23. The ratio of the decision of the Hon'ble Supreme Court in the case of CIT Vs. Manmohan Das (supra) applied squarely to the facts of the assessee's case." 7. In the light of aforementioned dis....