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Judgment
This assessee’s appeal for Assessment Year: 2024-25, 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/250/2025-26/1086643718(1), dated 27.02.2026 involving proceedings under section 143(3) r.w.s. 144B of the Income Tax Act, 1961 (hereinafter referred to as the ‘the Act’).
Heard both the parties. Case file perused.
It transpires during the course of hearing that the assessee/appellant is aggrieved against both the learned lower authority’s respective assessment and learned appellate findings assessing him for this business receipts declared u/s 44AA(1) of the Act. They hold in other words that the assessee deserves to be assessed under the special provision of section 44AD of the Act.
Both the parties vehemently reiterate their respective stands against in support of the learned lower authorities’ impugned action. The Revenue could hardly dispute that the legislature itself has stipulated u/s 44AA(1) of the Act gets afforded in the special activities of legal, mechanical engineering as the case may be. There is no indication in the case records as to whether the assessee carries out any of these specified or notified professional activities or not. I therefore find merit in the assessee’s case that It could not be assessed u/s 44AD r.w.s. 44AA(1) of the Act and direct the learned Assessing Officer to finalize his afresh computation as per law in very terms.
No other ground or argument has been pressed before the tribunal.
This assessee’s appeal is allowed.