https://www.taxtmi.com/caselaws?id=794728 An appellate order founded on an incorrect factual premise and failing to decide the actual grounds of appeal cannot be sustained. Where the assessee's claim that land is rural agricultural land outside the definition of capital asset under section 2(14) requires factual verification, the matter may be remitted for fresh adjudication after hearing both sides. The impugned appellate and rectification orders were set aside, and the controversy was restored to the Assessing Officer for de novo consideration, leaving the merits open. en-us Tue, 07 Jul 2026 00:00:00 +0530 Fri, 10 Jul 2026 07:39:12 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=794728 An appellate order founded on an incorrect factual premise and failing to decide the actual grounds of appeal cannot be sustained. Where the assessee's claim that land is rural agricultural land outside the definition of capital asset under section 2(14) requires factual verification, the matter may be remitted for fresh adjudication after hearing both sides. The impugned appellate and rectification orders were set aside, and the controversy was restored to the Assessing Officer for de novo consideration, leaving the merits open. Case-Laws Income Tax Tue, 07 Jul 2026 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=794728