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Judgment
PER SATBEER SINGH GODARA, JM
These assessee’s twin appeals ITA No. 5815 & 5816/Del/2025 for assessment years 2012-13 and 2013-14 arise against the Commissioner of Income Tax (Appeals)/Addl./JCIT(A)-1, Mumbai’s orders, both dated 11.07.2025 having DINs and orders no. ITBA/APL/S/250/2025-26/1078405200 & 108366530(1), involving proceedings under sections 143(3) and 147 r.w.s. 143(3) of the Income-tax Act, 1961 (hereinafter referred to as ‘the Act’), respectively.
Heard both the parties. Case file perused.
We notice during the course of hearing at the outset that the assessee/appellant before us is aggrieved against the lower authorities’ action inter alia assessing capital gains amounting to Rs.31,02,833 and Rs.53,98,845/-; assessment year-wise; respectively, thereby holding its lands sold/transferred in the Revenue estate of village Kuleshara, Pargana Dadri, Tehsil and District Gautam Buddha Nagar, as capital asset(s) under section 2(14)(iii) of the Act, forming sole substantive matter of tribunal’s apt adjudication herein. That being the case, learned counsel invites our attention to the assessee’s additional evidence at pages 163 onwards in its paper-book under Rule 28 of the Income Tax (Appellate Tribunal) Rules that the same are very much relevant to discharge its onus that the land(s) herein do not form capital asset(s) under section 2(14)(iii) of the Act.
The Revenue case, on the other hand, is that all these assessee’s additional evidence(s) require the learned Assessing Officer’s afresh factual verification. We thus deem it appropriate in the larger interest of justice to restore the assessee’s identical sole substantive grievance raised in both the instant appeals back to the Assessing Officer to verify its additional evidences subject to a rider that it shall plead and prove its case at its own risk and responsibility within three effective opportunities in consequential proceedings.
All other remaining issues are dept open at this stage.
These assessee’s twin appeals ITA No. 5815 & 5816/Del/2025 are allowed for statistical purposes in above terms. A copy of this common order be placed in the respective case files.