Re: Reduction in Unabsorbed Loss
Where a declarant exercises the option in Form 1 of carrying forward the reduced loss ( arrived at after the addition made by the A.O. in the assessment order), the certificate to be issued by the designated authority ( Form 3) and the order to be passed by the designated authority ( Form 5) does not prescribe an appropriate wording permitting the declarant to carry forward the reduced loss to subsequent years. In the absence of an appropriate wording how is a declarant protected that in future the assessing officer does not deny the benefit of carry forward of the reduced amount of loss.
The protection for carry forward of loss and set off in subsequent years runs from the Act and the Rules and not from the certificate/order in Form 3 or Form 5. However, if the certificate does mention the amounts, it would have been better. Hence you may write a letter to designated authority to clearly mention the amounts. But not having mention in the certificate would not allow AO to deny benefits in subsequent years, and you may challenge such action whenever the cause of action arises.
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