JAGS IMPEX,VENNALA vs. ITO, WARD-2(1), RANGE-2, KOCHI

Brief facts of the case are that assessee is a partnership firm, engaged in the business of dealing in vaccum cleaning equipments. The return of income for the A.Y. 2009-10 was filed on 30/09/2009 declaring nil income. Against the said return of income, the Jags Impex assessment was completed by the AO vide order dated 27/12/2011 passed u/s. 143(3) of the Income Tax Act, 1961 (for short, ‘the Act’) denying the benefit of set off of carry forward loss of Rs.11,66,497/- on the ground that return for the A.Y. 2008-09 was not filed within the time limit prescribed in sec. 139(1) of the Act.

Being aggrieved, an appeal was filed before the CIT(A), who vide impugned order dismissed the appeal by observing that return of income for the A.Y. 2008-09 was e-filed belatedly, hence, ITR V was not verified.

Being aggrieved, the assessee is in appeal before this Tribunal in the present appeal with a delay of 649 days.

The assessee by filing a petition seeking condonation of delay on the ground that assessee had no knowledge of the impugned order as the same was served on the former employee’s email ID. Since the assessee pleaded that he had no knowledge on the order of the NFAC, the delay in filing this appeal is hereby condoned. However, I do not find any merit in the grounds of appeal raised by the assessee as there is no order determining the loss for the A.Y. 2008-09. Accordingly, the AO had rightly denied the set off of carry-forward loss of A.Y. 2008-09. Thus, this appeal filed by the assessee is dismissed.