Assessee filed return on 28-9-2010 and intimation under section 143(1) was issued on 14-4-2011. High Court passed order of demerger on 8-3-2011 and 21-4-2011.For claiming set off under section 72A(4) of demerged company, assessee filed revised return on 9-6-2011 much before last date of filing revised return of income on 31-3-2012. AO disallowed the claim. CIT(A) allowed the appeal of the assessee. On appeal by the revenue the Court held that merely because an intimation was issued under section 143(1), same would not preclude assessee from filing revised return of income claiming set off of accumulated losses. (AY. 2010-11)
ACIT v. Padma Logistics & Khanij (P.) Ltd. (2020) 81 ITR 61 / 183 ITD 891 /208 TTJ 67 (Kol.)(Trib.)
S. 139 : Return of income-Intimation-Demerger-Revised return can be filed even after issue of intimation. [S. 2(19AA), 72(4A), 139(5), 143(1)]