Sat Prakash Goyal v. The Income-Tax Officer

1 MSS IN THE HIGH COURT OF JUDICATURE AT BOMBAYORDINARY ORIGINAL CIVIL JURISDICTION INCOME TAX APPEAL NO. 694 OF 2007 SAT PRAKASH GOYAL .. APPELLANT Vs. THE INCOME-TAX OFFICER, WARD-12(2)(1), MUMBAI. .. RESPONDENT Mr. Sameer G. Dalal for appellant CORAM:SMT.RANJANA DESAI & J. P. DEVADHAR, JJ. DATE: 20/3/2009 P.C. . This appeal is directed against the order dated 23/8/06 passed by the Income-tax Appellate Tribunal, Mumbai Bench. Learned counsel for the appellant urged that in the revised return for A. Y. 1998-99 the assessee had claimed loss of Rs.13,45,520 as against the loss claimed in the original return at Rs.16,094/-. 2. However, it appears that the assessing officer as well as the Tribunal proceeded on the footing that the loss claimed in the original return as well as the loss claimed in the revised return is 2 the same. In view of this, the orders passed by the authorities below are set aside and the matter is remanded to the Assessing Officer to consider the issue of loss as per the revised return. 3. All contentions of both sides are kept open. Appeal is disposed of. JUDGE JUDGE