2009 (11) TMI 46

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....esh Sharma, Advocate for the applicant. Ms. Urvashi Dhugga, Advocate for the revenue. Adarsh Kumar Goel,J. 1. At the instance of the assessee, following question of law has been referred for opinion of this Court by the Income Tax Appellate Tribunal, Chandigarh Bench, Chandigarh, arising out of its order dated 7.10.1994 in ITA No.1474/Chandi/1989, for the assessment year 1985-86:- "....

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....bunal. 3. We have heard learned counsel for the parties. 4. Learned counsel for the assessee submits that even after expiry of stipulated date, application for extension of time could be filed which had to be dealt with on merits or time should be taken to have been extended. He relies upon judgment of this Court in Karam Singh v. CIT, Patiala II, (1977) 110 ITR 726 and Harmanjit Trust v.....

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....ications. In absence of return having been filed within time, the assessee could not carry forward the loss. Reliance has been placed on CIT v. Smt.Gunavathy Dharmasy, (2000) 241 ITR 168 (Kerala) and CIT v. KC Bezbarua, (1992) 195 ITR 321 (Guwahati). 6. We are of the opinion that since power to extend time was available under Proviso to Section 139(1) read with Rule 13 of the Rules, the Assessi....