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Revenue against the order of the Tribunal to disallow claim of carry forward of the loss of Rs.7,59,46,064/- as the return having been filed in Saral Form 2-D by the due date howeverthe return in the prescribed From ITR (5) having been admittedly filed on 23.12.2008, i.e. beyond the due date, thus no claim can be legally allowed in respect of carry forward of the losses However Tribunal has recorded a clear finding of fact that the assessee had filed its returns within the time limit, although the Form, which it had used is the old Form In view of the categorical findings of fact recorded by the Tribunal, we see no reason to interfere in the order passed by the Tribuna

Shanti Prime Publication Pvt. Ltd.

Section 139 of the Income-tax Act, 1961—Return—The Tribunal has recorded a clear finding of fact that the assessee had filed its returns within the time limit, although the Form, which it had used is the old Form and the assessee has not sought to gain any unfair advantage in this matter by filing in the old Form and he did later on comply with the conditions of the new Form and it appears that the same return was filed - CIT V/s ZILA SAHKARI BANK (P.) LTD. - [2018] 4 ITCD Online 185 (ALL)

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