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Appeal dismissed.Whether in the facts and circumstances of the case the Tribunal was correct in law in cancelling the order of the Commissioner of Income Tax passed under section 263 of the Income Tax Act, 1961 without appreciating that the Assessing Officer has not brought anything on record to indicate that he had applied his mind while accepting the claim of operating loss of Rs.8,79,80,896/-?

Shanti Prime Publication Pvt. Ltd.

Section 28(i) read with section 263 of the Income Tax Act, 1961 – Business loss – Show cause notice for revising assessment could not be issued on basis that said accounts were to be examined as during assessment.  AO before accepting assessee's claim of operational loss in share trading verified D-MAT account sale, purchase and closing stock of assessee company and enquired about said loss – Principal Commissioner of income tax vs. Cartier Leaflin P. ltd. [2020] 268 Taxman 222(Bombay)

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