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2025 Supreme(Online)(ITAT) 8245

INCOME TAX APPELLATE TRIBUNAL
SHRI WASEEM AHMED, ACM, SHRI KESHAV DUBEY, J
Instakart Services Pvt. Ltd. – Appellant
Versus
The Asst. Commissioner of Income Tax – Respondent


Advocates:
For the Appellants/Petitioners:Shri Ajay Vohra, Sr. Advocate, Ms. Ankita Prakash, Shri Anuj Kumar, Advocate
For the Respondents: Shri Shivanad Kalakeri, CIT

ORDER

PER WASEEM AHMED, ACCOUNTANT MEMBER:

This is bunch of 5 appeals filed by the assessee and the Revenue against the order passed by the CIT(A)–11 Bengaluru for the assessment year 2016-17 to 2018-19. The assessee has also filed Stay Application.

First, we take up ITA No. 543/Bang/2025, an appeal by the assessee for A.Y. 2016-17 as lead case.

2. The only effective issue raised by the assessee is that the learned CIT(A) erred in confirming the disallowances of the claim representing business loss for Rs. 772,75,51,806/- only.

3. The facts in brief are that the assessee, a private company, is engaged in the business of logistics, courier and allied services. For the year under consideration, the assessee declared a loss of Rs. 768,38,95,521/- after setoff of income from other sources for Rs. 10,74,193/- and capital gain of Rs. 4,25,82,091/- only. The case of the assessee was selected for complete scrutiny under CASS to verify the claim of huge loss.

4. During the assessment proceedings, the assessee company was asked to explain how it incurred such a huge loss in one year, the nature of the losses and the reason thereof.

5. The assessee company in response claimed that it got incorporate

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