PCIT v. Electronics and Controls Power Systems Pvt Ltd (2021) The Chamber’s Journal-December-P. 65 (Karn.)(HC)

S. 72 : Carry forward and set off of business losses-Delayed furnishing of ITR-V-Order of Tribunal allowing the carry forward of losses was affirmed. [S. 80, 139]

Dismissing the appeal of the revenue the Court held that a large number of electronically filed returns remain pending with the revenue for want of receipt of a valid ITR V Form and the time was extended to regularise the returns. The delay caused in submitting the ITR-V did not make the e-filed return invalid warranting denial of carry forward of losses. The Court observed that the Revenue’s submission of inapplicability of extended period to AY. 2008-09 was hyper-technical since the e-filed data was transmitted on the date of return to the server designated by the e. Return Administrator which contained by the data of claim made by the asssessee for carry forward of losses. The Court also observed that the system of e-filing of tax returns was in the initial stages and if delay in filing the ITR-V was relaxable for the subsequent years the same cannot be restricted in a strict sense for the initial years. Order of Tribunal was affirmed. (ITA No. 273/2008 dt.26-10-2018). (AY. 2008-09)