M/S U.P State Mineral Development ... vs Assessee
As per this noting of the Tribunal in the first round, it
comes out that the loss in question has crystalised in financial year 2004-05
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itself relevant to assessment year 2005-06 and if that be the situation, such
loss cannot be claimed and allowed in the present year but still we feel that
since no finding is given by any of the authorities below in the present round,
it is fit and proper that CIT(A) should examine this aspect also while deciding
the issue and then pass necessary order as per law in the light of the above
discussion and also in the light of judgment rendered in the case of
Commissioner of Income-tax v. Amalgamation Pvt. Ltd. (supra). We order
accordingly.