2026 (5) TMI 1698

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....ar Arora, CIT-DR ORDER PER MANISH AGARWAL, AM: The captioned appeal is filed by the Assessee against the order of Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A) in short], dated 05.03.2024 in Appeal No. 56/2016-17/Noida, arising out of the order passed u/s 144 of the Income Tax Act, 1961 (the Act, in short) dated 18.03.2016 for Assessme....

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....in the Tribunal vide its order dated 21.11.2022 in ITA No.4246/Del/2019 had allowed the appeal of the revenue and remanded the matter back to the file of Ld. CIT(A) with the directions to follow the procedure under Rule 46A(3) of the Income Tax Rules, 1962 ("the Rules"), as the Ld. CIT(A) has allowed the appeal of the assessee by admitting the additional evidences without confronting the same to t....

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....In the instant case, sole issue of dispute is with respect to the source of investment in acquisition of the new property by the assessee jointly with his mother and younger brother. The claim of the assessee was that after the death of his father, assessee along with his mother has sold the property owned by his father which was received by them under inheritance. The sale proceeds from such sale....

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....ficer wherein the AO has categorically admitted that no additional evidence was filed by the assessee which is evident from the observation of Ld. CIT(A) in para 5.3 of its order but without considering the details so available, had dismissed the appeal of the assessee. 8. Since, the assessee has filed all the details with respect to the sale of the property jointly with his mother and purchase....