2026 (5) TMI 1210

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....poor, Adv & sh. Sumit Lal Chandani, Adv For the Revenue : Sh. Om Prakash, Sr. DR ORDER PER YOGESH KUMAR, U.S. JM: The captioned appeals are filed by the Assessee against the orders of Ld. Commissioner of Income Tax (Appeals/ National Faceless Appeal Centre ('Ld. CIT(A)/NFAC' for short), New Delhi dated 18/01/2025 and for the Assessment Year 2018-19 and 2019-20 respectively. ITA No. ....

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....ained unfiled. The Return of Income was processed by CPC and an intimation u/s 143(1) was came to be passed on 02/06/2020, wherein brought forward Long Term capital loss of Rs. 6,76,307/- claimed by the Assessee was disallowed. Further fee of Rs. 5000/-u/s 234F was levied by treating the return as belated. 4. Thereafter, the Assessee filed rectification application u/s 154 of the Act and vide o....

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....enged by the Assessee before the Ld. CIT(A) and the Ld. CIT(A) vide order dated 18/01/2025, dismissed the Appeal of the Assessee which has been challenged by the Assessee in the above appeal. 5. We have heard both the parties and perused the material available on record. The Assessee claimed the set off of brought forward Long- Term Capital Loss in the Return of Income for the year under consid....

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.... 5000/- on delay in filing the return of income. 8. Brief facts of the case are that, the Assessee being a partnership firm, filed return of income u/s 139(1) of the Income Tax Act, 1961 ('Act' for short). However, without verifying the fact that the Assessee is a partnership firm. An intimation u/s 143(1) has been issued by imposing penalty of Rs. 5000/-. 9. We have verified the Ret....