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1979 Supreme(SC) 424

R.S.PATHAK, N.L.UNTWALIA
Reliance Jute And Industries LTD. – Appellant
Versus
Commissioner Of Income Tax W. B. , Calcutta – Respondent


Advocates:
A.Subhashini, Anip Sachthey, BINA GUPTA, PRAVIN KUMAR, S.R.AGARWAL, T.A.Ramachandran, V.S.DESAI

JUDGMENT

R. S. PATHAK, J.:— This appeal by certificate under Section 66-A (2) of the Indian Income-tax Act, 1922 raises a question involving the interpretation of Section 24 (2) (iii) of that Act.

2. The assessee is a company carrying on the business of manufacturing jute goods. The case relates to the assessment year 1960-61, for which the relevant accounting period is the financial year ending March 31, 1960.

3. While making the assessment for the assessment year 1959-60, the Income-tax Officer set off the unabsorbed business loss of Rs.1,58,845 for 1949-50 and Rs.5,70,952 for 1950-51 against the business income of that year and directed that Rs.15,50,189 representing the loss remaining unabsorbed should be carried forward. In the assessment proceeding for the assessment year 1960-61, with which we are concerned, the assessee claimed that the unabsorbed loss should be carried forward and set off against the business income of the current year. The Income-tax Officer rejected the claim on the ground that the unabsorbed loss related to 1950-51 and could not be carried forward for more than eight years. The assessee pressed the claim in appeal before the Appellate Assistant Commission










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