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Judgment
This assessee’s appeal for assessment year 2018-19, 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/250/2025-26/1085007547(1), dated 21.01.2026 involving proceedings under section 147 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Heard both the parties. Case file perused.
Coming to the first and foremost legal issue of validity of the impugned reopening between the parties, it transpires from the perusal of the case records that the learned Assessing Officer had set into motion section 148/147 proceedings for the purposes of assessing the assessee’s capital loss arising from sale of her immovable property/asset, whereas the assessment framed in her case on 23rd March, 2023 has ended up in disallowing the cost of construction coming to Rs.30,31,366/- only. That being the clinching factual position, I hereby quote Ranbaxy Laboratory Vs. CIT (2011) 335 ITR 136 (Del) and CIT Vs. Jet Airways (I) Ltd. (2011) 331 ITR 236 (Bom.) holding that such a reopening wherein the learned Assessing Officer does not make any addition qua the sole reason therein; is not sustainable in law. The same stands quashed in very terms therefore.
All other pleadings between the parties on merits stands rendered academic.
This assessee’s appeal is allowed.