2026 (5) TMI 483

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.... Act). Although the return has been duly processed the assessing Officer declined to entertain the claim for carry forward of loss at the stage, by relying on Circular No. 11 of 2024. It is contended that the said Circular does not empower the Assessing Officer to condone the delay for permit revision of the process return for incorporating the claim for carry forward of loss. 2. The learned counsel appearing for the petitioner submits that due date for filing of the return of income for the Assessment Year 2022-23 has been 31st July 2022. Due to unavoidable circumstances the return, has been filed beyond 7 days from the due date. On account of such short delay, the system did not allow carry forward of loss under Section 80 of the said ....

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.... making an application or claim any exemption/deduction or refund or any other relief under the provisions of the Act has to be the basis for taking a decision as to whether the delay has to be condoned or not." 5. The petitioner further places reliance upon Section 139(3) and 139(4) of the said Act along with Clause 3 of Circular 11 of 24. Paragraph 3 of the said Circular is reproduced below:- "3. No condonation application for claim of refund loss shall be entertained beyond five years from the end of the assessment year for which such application/claim is made. The time limit for filing of such application within five years from the end of assessment year will be applicable for applications filed on or after 01.10.2024. this ....

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....nd returns claiming carry forward of loss and set off thereof containing comprehensive guidelines on the conditions for condonation and the procedures to be followed for deciding such matters." 8. It is submitted that as per the Circular an application for condonation of delay in filing returns claiming refund and returns under Section 119(2) Clause (b) of the said Act is required to be filed. 9. The assessing officer has no power to override the statutory mandate. The claim has been rightly rejected by the authorities concerned. 10. After hearing the rival contentions of the parties and upon perusing the records this court is prima facie satisfied with the submission made by the petitioners. Accordingly, interference is warranted ....