2025 (3) TMI 1973

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...., CA, Ld. AR For the Respondent : Mr. Gautam Singh Choudhary, Addl. CIT, Ld. DR ORDER PER GAGAN GOYAL, A.M: This appeal by assessee is directed against the order of CIT(A)-10 Mumbai dated 14.11.2024 passed u/s. 250 of the Income Tax Act, 1961 (in short 'the Act'). The assessee has raised the following grounds of appeal: - 1. That the Ld. CIT(A) has erred on facts in dismissing....

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....Act on 23.08.2019 u/s. 139(1) of the Act. The return of the assessee was processed u/s. 143(1) of the Act and the claim of the assessee u/s. 73A of the Act was denied amounting to Rs. 13, 65,575/- (Amount equal to positive income declared from specified business). The assessee being aggrieved with the same filed an appeal before the Ld. CIT(A), who in turn dismissed the appeal of the assessee on t....

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....ar incurring loss has been filed within the time limit as prescribed in section 139(1) of the Act. This amendment CPC, Bengaluru perceived as retrospective change, hence disallowed the claims of the assessee for the A.Y.s 2017-18, 2018-19 and 2019-20. Although, the claims of the assessee, for A.Y.s 2017-18 and 2018-19 ultimately allowed, by the coordinate bench, Jaipur (Copies of the order submitt....

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....stification in the decision of the Ld. CIT(A) while dismissing the appeal of the assessee ignoring the relevant surrounding facts. 5. Further, we rely on the decision of the Hon'ble Apex Court in the case PCIT Central vs. MBL Infrastructure Ltd. [2023] 295 Taxman 586 (SC), wherein it was held that "Rule of consistency had to be applied and deduction under section 80IA was to be allowed in relev....