Omission of claiming long term capital loss in original return not bona fide so claim via revised return allowable

DCIT Vs Bilcare Limited (ITAT Pune)

ITAT Pune held that omission of claiming long term capital loss at the time of filing of original return was not bona fide. Accordingly, rejection of claim of the same in revised return unsustainable in the eyes of law.

Facts- The assessee is a company incorporated under the provisions of the Companies Act, 1956. It is engaged in the business of manufacturing Pharmaceutical Packages and providing research-driven packaging solutions and clinical supplies services to leading pharmaceutical companies.

The assessee contested the disallowance of allowability of long term capital loss arising on sale of shares of BSPL of Rs. 922 crores.

Notably, the claim of long term capital loss was made via revised return. The Joint Commissioner of Income Tax gave direction that loss on sale of shares of Rs. 922 crores claimed in the revised return should not be entertained.

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