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Judgment
This assessee’s appeal for assessment year 2020-21, 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/250/2026-27/1088412060(1), dated 13.04.2026 involving proceedings under section 147 of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’).
Case called twice. None appears at the assessee’s behest. She is accordingly proceeded ex-parte.
Learned departmental representative vehemently submits that both the lower authorities’ respective assessment and lower appellate findings have rightly added the impugned long-term capital gains amount to Rs.7,83,318/- in the assessee’s hands on account of transfer of her immovable properties/lands situated in the revenue estate of village - Kalanjri, district - Meerut. He accordingly seeks to confirm the impugned addition in the assessee’s instant second appeal as well.
I have given my thoughtful consideration to the assessee’s and Revenue’s respective vehement pleadings. I find no reason to sustain the impugned long-term capital gains addition as there is no clear-cut finding, whatsoever, in both the learned lower authorities’ respective findings as to whether the assessee’s agricultural lands sold form a capital asset within the meaning of section 2(14)(iii) of the Act or not. Deleted accordingly for this precise reason in very terms.
This assessee’s appeal is allowed.