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Facts
The assessee challenged the CIT(A)'s order confirming an addition made by the Assessing Officer, which rejected the assessee's claim of brought forward losses. The assessee provided a chart of net taxable income for various assessment years which was not before the lower authorities.
Held
The Tribunal held that brought forward losses cannot be carried forward and set off if returns of income were not filed for those years. However, in the interest of justice, the appeals were restored to the Assessing Officer for re-adjudication after considering the provided chart.
Key Issues
Whether brought forward losses can be set off against current income when returns for prior years were not filed. Propriety of restoring the case to the AO for re-adjudication based on new evidence.
Sections Cited
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Income Tax Appellate Tribunal, ‘GAUHATI BENCH’, GUWAHATI
Before: SHRI DUVVURU RL REDDY & SHRI RAJESH KUMAR
IN THE INCOME TAX APPELLATE TRIBUNAL ‘GAUHATI BENCH’, GUWAHATI BEFORE SHRI DUVVURU RL REDDY, VICE PRESIDENT AND SHRI RAJESH KUMAR, ACCOUNTANT MEMBER 351, 357, 369 to 371/GTY/2025 (Assessment Years: 2009-10 to 2014-15) Arunachal Pradesh State Co- DCIT/ACIT operative Apex Bank Limited, Circle-1, Sector-D,Naharlagun,Papumpare, Aayakar Bhawan, Christian Vs. Papumpare,PIN-791110, Basti, G.S. Road, Arunachal Pradesh. Guwahati-781005, Assam (Appellant) (Respondent) PAN No. AABTA2070M Assessee by : Shri Gaurav Chandak, FCA Revenue by : Shri Santosh Kumar Karnani, Addl.CIT Date of hearing: 09.03.2026 Date of pronouncement: 13/03/2026 O R D E R PER: BENCH
These are the appeals preferred by the assessee against the orders of the National Faceless Appeal Centre, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 08.08.2025, 04.09.2025, 17.09.2025, 18.09.2025 for the AYs2009-10 to 2014-15 respectively. Since these appeals relating to same assessee and are involving common issues, therefore, these are being disposed off by this consolidated order for the sake of brevity and convenience. We would first take up the appeal for the A.Y. 2009-10.
At the outset of hearing, the ld. counsel of the assessee submitted before us a chart containing the net taxable income of various assessment years right from A.Y. 2006-07 to A.Y. 2014-15 which is extracted below:
We note that the assessee has not filed its return of income for the earlier assessment years and claimed brought forward losses against the current
However, necessary adjustments which are required to be made in order to ascertain the correct income have to be allowed to the assessee. Since, this chart as extracted above was not before the Assessing Officer as well as the ld. CIT(A) during the course of the proceedings before them, therefore, in the interests of justice, we are inclined to restore these appeals back to the file of the Assessing Officer for re-adjudication with a direction that real income of the assessee may be ascertained and accordingly the correct income may be brought to tax.
In the result, this appeals of the assessee are allowed for statistical purposes only.
357, 369, 370 and 371/GTY/2025 for the A.Y. 2010-11 to 2014-15. Since the issues raised in these appeals are substantially similar as decided by us in for the A.Y. 2009-10. Therefore, our decision in would mutatis mutandis apply to these appeals as well. Consequently, the issues involved in all these appeals are also restored to the file of Assessing
In the result, all these appeals of the assessee are allowed for statistical purposes only.
Order pronounced in the open court on 13/03/2026.