आदेश/ORDER

Per Madhusudan Sawdia, A.M.:

This appeal is filed by Smt. Anuradha Chennu (“the assessee”), feeling aggrieved by the order passed by the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (“Ld. CIT(A)”) dated 22.09.2025 for the A.Y.2013-14.

2. The assessee has raised the following grounds of appeal:

1. The order u/s 250 of the Act by the Ld. Commissioner of Income Tax (Appeals) is not correct either on facts or in law, and is therefore liable to be set aside.

2. The Ld. Commissioner (Appeals) failed to appreciate that the assessment order dated 28-09-2021, passed u/s 147 for AY 2013-14 is barred by limitation, having been passed beyond the statutory period of twelve months from the end of the financial year in which the notice u/s 148 dated 23-09-2019 was served, thereby rendering the action of the Ld. Assessing Officer contrary to section 153 and the order void ab initio and without jurisdiction.

3. The Ld. Commissioner (Appeals) erred in denying exemption u/s 54F by holding that 50 flats received under the JDA do not constitute “one residential house”, without appreciating that the appellant’s claim is fully supported by binding jurisdictional judicial decisions which permit exemption for multiple units arising from a single piece of land/residential house under a development agreement, and the appellant is therefore entitled to the full relief as per law.

4. The Ld. Commissioner (Appeals) erred in refusing to admit the claim u/s 54F for lack of supporting documents, though all construction-related records, possession details and development evidence are duly available and could not be filed earlier due to technical non-receipt of notice u/s 250, and the appellant now seeks admission of such material before this Hon’ble Tribunal.

5. Without prejudice, the Ld. Commissioner (Appeals) erred in upholding the capital gains computation wherein the Ld. Assessing Officer adopted a rate of Rs. 1200/- per sq. ft. for cost of construction as per survey operation conducted at builder’s premises in September 2015, completely disregarding the fact that the agreed rate as per the JDA dated 21-01-2013 was Rs. 800/- per sq. ft.

6. Without prejudice, the Ld. Commissioner (Appeals) failed to appreciate that the appellant has already disclosed and offered to tax the capital gains in the relevant subsequent assessment years upon actual completion and sale of the respective flats and paid the applicable taxes thereon, resulting in no loss or prejudice whatsoever to the Revenue.

7. The appellant craves leave to add, alter, amend or withdraw any of the above grounds at the time of hearing.

3. The assessee has raised the following additional grounds of appeal:

“1. On the facts and in the circumstances of the case, the learned NFAC, Delhi erred in assuming jurisdiction under section 151A r.w.s 144B of the Act by issuing show cause notice dated 21.09.2021, whereas the notification issued under section 151A is operative only w.e.f. 29.03.2022 rendering the assessment proceedings without authority of law and liable to be quashed”

2. In the absence of any notice/limitation as per provisions of clause iii to section 144B(1), the assumption of jurisdiction prior to 29.03.2022 by FAO is not proper and liable to be quashed”.

4. The Learned Authorized Representative (“Ld. AR”) submitted that additional grounds so filed are admissible in view of judgment rendered by the Hon’ble Supreme Court in the case of National Thermal Power Co. Ltd. v. CIT (1998) 229 ITR 383 (SC). The Learned Departmental Representative (“Ld. DR”) also did not make any objection for admission of the additional groundss. The prayer for admission