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The return of income filed by her for the year under consideration was processed u/s 143(1) of the Act on 30.04.2018. According to the assessee, there was a mistake in the said intimation issued u/s 143(1) in as much as the long term capital loss of Rs. 3,80,298/- and Rs. 1,54,577/- carried forward from A.Y. 2010-11 & 2013-14 was not set off against the long term capital gain of Rs. 4,52,596/- for the year under consideration. She, therefore, filed an application u/s 154 seeking rectification of the said mistake. The AO however found that the assessee in the return of income filed for the year under consideration had not claimed such set off and the long term capital loss pertaining to A.Y. 2010-11 and 2013-14 was actually carried forward by the assessee to the future years. The AO accordingly held that since no claim for such set off had actually been made by the assessee in the return of income, there was no mistake in the intimation issued u/s 143(1) in not allowing such set off as alleged by the assessee. He accordingly rejected the application filed by the assessee for rectification u/s 154 vide an order dated 08.06.2018 holding that there was no mistake apparent from the record in the intimation issued u/s 143(1).Against the order passed by the AO u/s 154 rejecting her application for rectification, the assessee filed an appeal before the Ld. CIT(A) and CIT(A)upheld the order passed by the AO u/s 154 and dismissed the appeal of the assessee.Aggrieved by the order of the Ld. CIT(A), the assessee has preferred this appeal before the Tribunal.

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Sec. 154 of Income Tax Act, 1961— Rectification of mistake —KANTA AGARWAL vs. Asstt. CIT.[2020] 25 ITCD Online 058 (ITAT-KOLKATA)

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