MANMOHAN GAIND,DELHI vs. DCIT, CIRCLE 49(1), DELHI, NEW DELHI

ITA 388/DEL/2026Status: DisposedITAT Delhi09 September 2026AY 2015-167 pages
AI SummaryRemanded

What were the facts?

The assessee claimed Long-Term Capital Gain exemption under Section 54F for sale of an industrial property. The Assessing Officer restricted the indexed cost of acquisition and cost of construction for exemption due to lack of documentary evidence, leading to an addition. The CIT(A) dismissed the appeal for non-compliance.

What did the Tribunal hold?

The Tribunal noted that the issues were factual and required examination of documentary evidence. It set aside the CIT(A)'s order and restored the matter for fresh adjudication, granting the assessee one more opportunity.

What were the issues?

Whether the CIT(A) erred in dismissing the appeal without adjudicating on the merits of the claim for Long-Term Capital Gain exemption and cost of acquisition/improvement, and whether the assessee was denied a proper opportunity to present evidence.

Which sections of the Income-tax Act were involved?

Section 54F,Section 45,Section 55

AI-generated summary — verify with the full judgment below

Income Tax Appellate Tribunal, DELHI BENCH ‘C’, NEW DELHI

Before: Sh. Raj Kumar Chauhan&

Hearing: 02.09.2026Pronounced: 09.09.2026

Per Raj Kumar Chauhan, Judicial Member:

The appeal of the assessee is directed against the order dated 28.11.2025 of ld. CIT(A)/NFAC, Delhi passed u/s 250 of the Income Tax Act, 1961 (hereinafter referred to as “the Act”) wherein the appeal has been dismissed, against the assessment order dated 29.03.2023. 2. Brief facts as culled out from the orders of the authorities below are that the assessee derives income from partnership firms and as proprietor of M/s Bhuvesh Enterprises, rental income and salary income. The assessee filed his return of income on 23.02.2023 declaring total income of 2 Suresh Kumar Mehta Rs.2,62,89,700/-, which included Long-Term Capital Gain of Rs.2,57,3

The order continues below.

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