Luxury Goods Retail (P) Ltd. Vs. DCIT (ITAT Mumbai)
The undisputed facts in this case are that the assessee filed return of income manually on 30-11-2011 that is within the due date specified under section 139(1) of the Act. On the very same day, the assessee also intimated the assessing officer as to why it could not file the return electronically and the return filed manually be taken on record. In response to the notice under section 142, the assessee filed return on 11-10-2012. The assessing officer acting upon this electronic return denied the set off of carry forward of losses to the assessee on the ground that the assessee did not file the return of income electronically within the due date specified under the provisions of section 139(1) of the Act. The learned Commissioner (Appeals) agreed with the view of the assessing officer. Now the question before us to be addressed is as to whether original return filed manually can be treated as a valid return or not. No doubt, the requirement is that the assessees should file returns electronically within the due date specified under section 139(1) in order to be eligible for set off and carry forward losses. The mandatory requirement of law for set off and carry forward of losses is that the return should be filed within the due date under the provisions of section 139(1) of the Act. Here the assessee filed return of income under 139(1) manually instead of filing the return electronically. The reasons as to why the assessee could not file the return electronically was also given. In such circumstances, we are of the considered view that simply because the assessee could not file the return electronically within the provisions of section 139(1), the benefit of set off and carry forward of losses cannot be denied for the reason that the assessee did file return of income manually within the due date specified under section 139(1) of the Act. The claim for set off and carry forward of losses cannot be denied on a too technical reasons on the ground that the electronic return filed by the assessee is belated when the assessee filed return of income manually within the due date specified under section 139(1) of the Act.
FULL TEXT OF THE ITAT ORDER IS AS FOLLOWS:-
