Kantibhai Ugarbhai Patel v. CIT NFAC (2022) 195 ITD 460 (Ahd.) (Trib.)

S. 74 : Losses-Capital gains-Return filed within a specified time-Set-off of capital loss brought forward from the assessment year 2010-11 was to be allowed to assessee in the relevant assessment year. [S.80, 139(1)]

Held that as the  assessee had filed a return for the assessment year 2010-11 within the time permitted under section 139(1) i.e., on 31-7-2011, set-off of capital loss brought forward from the assessment year 2010-11 was to be allowed to assessee in relevant assessment year (. AY. 2019-20)