TARA DATTA,HALDWANI vs. ITO WARD 2(3)(1), NANITAL

This assessee’s appeal for assessment year 2014-15, arises against the Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre [in short, the “CIT(A)/NFAC”], Delhi’s DIN and order no. ITBA/NFAC/S/250/2025-26/1078341742(1), dated 10.07.2025, involving proceedings under sections 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).

Learned departmental representative vehemently argues during the course of hearing that both the learned lower authorities have rightly held the assessee as having derived longterm capital gains of Rs.1,52,37,360/- on sale/transfer of the relevant capital asset; in the assessment order dated 21.12.2019 as upheld in the lower appellate discussion. That being the case, learned Revenue could hardly dispute that there is no categorical finding either in the assessment order or in the lower appellate discussion as to how the assessee’s land could be held as capital asset under section 2(14) of the Act. We thus deem it appropriate in this factual backdrop to restore the instant appeal back to the learned Assessing Officer for his afresh appropriate adjudication as per law within three effective opportunities of hearing, in consequential proceedings.