PROJECT REVOLT LLP,MUMBAI vs. ITO WARD 24 3 1 MUMBAI, MUMBAI

ITA 4118/MUM/2026Status: DisposedITAT Mumbai31 August 2026AY 2017-189 pages
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What were the facts?

The assessee, an LLP, had a turnover exceeding ₹40 lakh, mandating an audit under LLP Rules. The assessee filed its return on 11.09.2017 after obtaining an audit report on 01.08.2017. The CPC treated the return as belated, denying carry forward of business loss.

What did the Tribunal hold?

The Tribunal held that the assessee's accounts were required to be audited under the LLP Act, making the due date for filing the return 30.09.2017. Therefore, the return filed on 11.09.2017 was within the due date, and the business loss could be carried forward.

What were the issues?

Whether the assessee's return was filed within the due date under Section 139(1) considering the audit requirement under the LLP Act, and if the denial of carry forward of business loss was justified.

Which sections of the Income-tax Act were involved?

Section 139(1),Section 139(4),Section 80,Section 154

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, ‘C’ BENCH

For Appellant: Shri B.V. Jhaveri
For Respondent: Shri Ajay Soneji, SR DR
Hearing: 30/07/2026Pronounced: 31/08/2026

PER AMIT SHUKLA (J.M):

The aforesaid appeal has been filed by the assessee against the impugned order dated 13.03.2026 passed by the learned Commissioner of Income-tax (Appeals), National Faceless Appeal Centre, Delhi, arising from the order dated 18.02.2022 passed under section 154 of the Income-tax Act,

2 Project Revolt LLP 1961 for the assessment year 2017–18. The solitary issue raised in the appeal is whether the return of income filed by the assessee on 11.09.2017 was within the due date prescribed under section 139(1), and consequently, whether the assessee was entitled to carry forward the business loss of ₹26,44,861. 2. Brief facts are that the assessee is a Limited Liability Partnership constituted und

The order continues below.

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