AO to examine section 79 only in year in which  assessee claims set off of losses

Orra Fine Jewellery Pvt. Ltd. Vs DCIT (ITAT Mumbai)

The substantial issue for consideration now before us for the A.Y. 2012-13 is whether the provisions of section 79 of the Act can be invoked and examined in the assessment year in which the assessee claimed for carry forward of losses or in the assessment year in which the assessee actually claimed set off of carry forward losses against the profits of that year. The assessee contends that the Assessing Officer can examine the applicability of the provisions of section 79 o

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