ACIT, NEW DELHI vs. M/S. DLF COMMERCIAL PROJECT CORPORATION, NEW DELHI

PER P.K.BANSAL, VICE PRESIDENT

(i) “The CIT(A) has erred in allowing the appeal of the assessee regarding set off of brought forward losses for the A.Y. 2008-09 to 2010-11, as the substantive issue appeals are pending before various appellate authorities.”

2. We heard the rival submissions and carefully considered the same. We noted that before the Ld.CIT(A), the assessee has claimed setting off of brought forward losses for the AY 2008-09 to 2010-11. Ld.CIT(A) after giving the detailed finding under paras 4 & 5 of its order, has given the direction to the AO to re- compute the income of the assessee of the relevant assessment year u/s 154 of the Income Tax Act, 1961 (in short “Act”) after allowing set off of brought forward losses determined in consequent to the appellate order of the AY 2008-09 to 2010- 11 as per the law. In our opinion, there is no illegality or infirmity in the order of the Ld.CIT(A) while giving such direction infact whenever an appellate order is passed. The AO is bound to pass a consequential order after giving the appeal effect and after giving the appeal effect incase it affects the setting off of brought forward losses. Consequential order has to be passed in the succeeding assessment year. We, therefore, dismiss the appeal filed by the revenue.

The order is pronounced in the open court on 21 September, 2017.