1984 (6) TMI 82

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....of Rs. 62,856 regarding which figure there is no dispute, should have given further specific directions that it shall be carried forward for adjustment in the succeeding years. The assessment year involved is 1977-78 and the order under appeal is of 22-2-1983 passed by the AAC, C-Range, Bombay. 2. For the appellant, Shri J.I. Patel, advocate, very vehemently argued that in view of the provision....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....considered view, the cause of the action for the assessee's appeal flows from his unfounded apprehension that the revenue authorities shall not follow the relevant statutory provisions : "Section 157. When, in the course of the assessment of the total income of any assessee, it is established that a loss has taken place which the assessee is entitled to have carried forward and set off under th....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....en so set off or, where the assessee has income only under the head 'Capital gains' relating to capital assets other than short-term capital assets and has exercised the option under sub-section (2) of that section or where he has no income under any other head, the whole loss shall, subject to the other provisions of this Chapter, be carried forward to the following assessment year, and--- (i)....

X X   X X   Extracts   X X   X X

Full Text of the Document

X X   X X   Extracts   X X   X X

....s re-established, reconstructed or revived by the assessee, so much of the loss as is attributable to such business shall be carried forward to the assessment year relevant to the previous year in which the business is so re-established, reconstructed or revived, and--- (a) it shall be set off against the profits and gains, if any, of that business or any other business carried on by him and as....