Advent Infra Projects (P) Ltd. v. DCIT

Case Laws Analysis
REFERRED Jai Steel (India) v. Asstt. CIT 2013 TaxPub(DT) 1647 (Raj-HC)

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The Tax Publishers2020 TaxPub(DT) 2806 (Jp-Trib) IN THE ITAT, JAIPUR 'A' BENCHES VIJAY PAL RAO, J.M. & VIKRAM SINGH YADAV, A.M. Advent Infra Projects (P) Ltd. v. DCIT ITA No. 400/JP/2018 A.Y. 2012-13 8 July, 2020 Assessee by: P. C. Parwal (CA) Revenue by: Amrish Bedi (Commissioner-Departmental Representative) ORDER *Vikram Singh Yadav, A.M.* This is an appeal filed by the assessee against the order of learned Commissioner (Appeals)-4, Jaipur dated 9-1-2018 wherein the assessee has taken following grounds of appeal :-- 1. Under the facts and circumstances of the case the learned Commissioner (Appeals)-4, Jaipur has grossly erred in law as well as facts in confirming the disallowance of loss to be carried forwarded which was caused by addition of income tax expenses wrongly made by assessee company in original computation due to some clerical error. 2. Under the facts and circumstances of the case the learned Commissioner (Appeals)-4, Jaipur has grossly erred in law as well as facts in confirming the disallowance of loss to be carried forwarded by considering the order of Hon'ble Rajasthan High Court in case of M/s. Jai Steel v. ACIT, (2013) 36 taxmann.com 523 (Raj) : 2013 TaxPub(DT) 1647 (Raj-HC).' 2. The learned Authorised Representative submitted that the assessee company is having income from toll collection. It filed its original return of income on 21-9-2012 declaring loss of Rs. 22,31,247. A search was conducted on 17-12-2014 at the premises of assessee. In response to notice under section 153A, assessee filed the return of income on 15-5-2015 declaring total loss of Rs. 44,51,756. The assessing officer did not allow the excess loss of Rs. 22,20,509 claimed by the assessee in the return filed under section 153A by holding that loss claimed in the original return filed under section 139(1) will only be allowed. The Ld. Commissioner (Appeals) after relying on the decision of Hon'ble Rajasthan High Court in case of Jai Steels v. ACIT (2013) 36 Taxmann.com 523 (Raj) : 2013 TaxPub(DT) 1647 (Raj-HC) held that no fresh claim can be filed in the return filed under section 153A. Accordingly, he confirmed the disallowance of loss of Rs. 22,20,509. SUBSCRIBE FOR FULL CONTENT

The Tax Publishers2020 TaxPub(DT) 2806 (Jp-Trib)

IN THE ITAT, JAIPUR 'A' BENCHES

VIJAY PAL RAO, J.M. & VIKRAM SINGH YADAV, A.M.

Advent Infra Projects (P) Ltd. v. DCIT

ITA No. 400/JP/2018

A.Y. 2012-13

8 July, 2020

Assessee by: P. C. Parwal (CA)

Revenue by: Amrish Bedi (Commissioner-Departmental Representative)

ORDER

Vikram Singh Yadav, A.M.

This is an appeal filed by the assessee against the order of learned Commissioner (Appeals)-4, Jaipur dated 9-1-2018 wherein the assessee has taken following grounds of appeal :--

1. Under the facts and circumstances of the case the learned Commissioner (Appeals)-4, Jaipur has grossly erred in law as well as facts in confirming the disallowance of loss to be carried forwarded which was caused by addition of income tax expenses wrongly made by assessee company in original computation due to some clerical error.

2. Under the facts and circumstances of the case the learned Commissioner (Appeals)-4, Jaipur has grossly erred in law as well as facts in confirming the disallowance of loss to be carried forwarded by considering the order of Hon'ble Rajasthan High Court in case of M/s. Jai Steel v. ACIT, (2013) 36 taxmann.com 523 (Raj) : 2013 TaxPub(DT) 1647 (Raj-HC).'

2. The learned Authorised Representative submitted that the assessee company is having income from toll collection. It filed its original return of income on 21-9-2012 declaring loss of Rs. 22,31,247. A search was conducted on 17-12-2014 at the premises of assessee. In response to notice under section 153A, assessee filed the return of income on 15-5-2015 declaring total loss of Rs. 44,51,756. The assessing officer did not allow the excess loss of Rs. 22,20,509 claimed by the assessee in the return filed under section 153A by holding that loss claimed in the original return filed under section 139(1) will only be allowed. The Ld. Commissioner (Appeals) after relying on the decision of Hon'ble Rajasthan High Court in case of Jai Steels v. ACIT (2013) 36 Taxmann.com 523 (Raj) : 2013 TaxPub(DT) 1647 (Raj-HC) held that no fresh claim can be filed in the return filed under section 153A. Accordingly, he confirmed the disallowance of loss of Rs. 22,20,509.