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“NFAC”

Assessment ProceduresSection 144BSection 144B48,618 judgments

The decision most relied on for NFAC is Tecumseh Products India (P.) Ltd. v. DCIT (174 Taxmann.com 1203), cited in 43 judgments on BharatTax.

Leading authorities on NFAC

Tecumseh Products India (P.) Ltd. v. DCIT
174 Taxmann.com 1203 · 2025 · High Court
43
citing judgments

Where the National Faceless Assessment Centre (NFAC) and the Joint Assessing Officer (JAO) have concurrent jurisdiction, a notice issued by the JAO under Section 148 of the Income Tax Act is valid, provided no prejudice is caused to the assessee.

Aggarwal v. NFAC
127 Taxmann.com 637 · High Court
34
citing judgments

Denying a personal hearing when specifically requested, especially after a search and during a pandemic, violates the principles of natural justice. The assessment and appellate proceedings themselves were conducted during the COVID-19 pandemic.

Hire Purchase (P.) Ltd. v. NFAC
128 Taxmann.com 190 · High Court
34
citing judgments

Failure to grant a personal hearing to an assessee when income is likely to be varied based on submitted evidence violates the principles of natural justice and renders the assessment order invalid.

Prem Brothers Infrastructure LLP v. NFAC
142 Taxmann.com 38 · 2022 · High Court
32
citing judgments

When initiating penalty proceedings, the Assessing Officer (AO) must specify the limb of the charge, indicating whether the penalty is for concealment of income or furnishing inaccurate particulars. This requirement is essential for valid penalty proceedings.

Vinodkumar Lakshmipathi v. CIT (Appeals) NFAC
145 Taxmann.com 235 · 2022 · ITAT
21
citing judgments

The ITAT held that failure to file Form 67 by the due date for filing the return of income is not fatal to the claim for foreign tax credit. The appellate authority can condone the delay in filing Form 67.

Alrameez Construction (P.) Ltd. v. NFAC
152 Taxmann.com 382 · 2023 · ITAT
14
citing judgments

Penalty under Section 270A for under-reporting or mis-reporting of income cannot be sustained if additions are made under Section 56(2)(x) and the penalty notice fails to specify the limb under which proceedings are initiated.

Sanjay Gupta v. CIT
366 ITR 18 · 2014 · High Court
13
citing judgments

When the quantum of income is remanded to the Assessing Officer, the issue of penalty for undisclosed income should also be remanded to the Assessing Officer.

Saltwater Studio LLP v. NFAC
157 Taxmann.com 749 · 2023 · Reported
11
citing judgments

A penalty levied for misreporting under section 270A is unsustainable if the Assessing Officer fails to establish how the assessee's case falls within the specific instances of misreporting mentioned in section 270A(9). This requires an application of mind and adherence to the principles of natural justice.

Judgments citing NFAC

Bhavik Shashikant Thakkar, Mumbai vs. Assistant Commissioner of Income Tax 27(1), Vashi Mumbai

In the result, the appeal of the assessee bearing ITA No

ITA 5208/MUM/2025[2012-13]Status: DisposedITAT Mumbai03 Feb 2026AY 2012-13

Bench: Shri Anikesh Banerjee & Shri Makarand Vasant Mahadeokarbhavik Shashikant Thakkar Vs Assistant Commissioner Of Income G 601 Kukreja Palace Tax, Ward 27(1), Mumbai 4Th Floor, Tower No.6, Vashi Station Opportunity Pok, Maharashtra-400075 Complex, Vashi-400703 Pan: Acypt3095J Appellant Respondent Assessee By : Shri Nishit Gandhi, Adv Respondent By : Ms. Rajni Rani Roy (Cit Dr) Date Of Hearing : 28/01/2026 Date Of Pronouncement : 03/02/2026 O R D E R Per: Anikesh Banerjee (Jm): The Instant Appeal Of The Assessee Filed Against The Order Of The Nfac, Delhi [For Brevity ‘The Ld. Cit(A)], Order Passed Under Section 250 Of The Income Tax Act 1961 (For Brevity ‘The Act’) For Assessment Year 2012-13, Date Of Order 28.11.2022. The Impugned Order Emanated From The Order Of The Ld. Acit-27(1), Mumbai (For Brevity The “Ld. Ao”), Order Passed Under Section 143(3) Date Of Order 24.03.2015 Of The Act.

For Appellant: Shri Nishit Gandhi, AdvFor Respondent: Ms. Rajni Rani Roy (CIT DR)
Section 143(3)Section 250

pronouncement : 03/02/2026 O R D E R Per: Anikesh Banerjee (JM): The instant appeal of the assessee filed against the order of the NFAC, Delhi [for brevity ‘the ld. CIT(A)], order passed under section 250 of the Income Tax Act 1961 (for brevity ‘the Act’) for assessment year

Cool Diamond Private Limited, Mumbai vs. Income Tax Officer - 12(1)(1), Mumbai

In the result, the Assessee’s appeal is allowed, subject to verification as directed above

ITA 5085/MUM/2025[2013-14]Status: DisposedITAT Mumbai03 Feb 2026AY 2013-14

Bench: Shri Narender Kumar Choudhry & Shri Renu Jauhriassessment Year: 2013-14 Cool Diamond Private Ward Ito -12(1)(1), Limited, Room No. 129, Aayakar 2Nd Floor, Plot No. 97, Myco Bhawan, M K. Road, Vs. Industrial Area, Misc Industrial Mumbai – 400020. Area, Andheri East, Mumbai – 400093. Pan – Aadcc6707 (Appellant) (Respondent) Present For: Assessee By : Shri Vimal Punmiya, Ld. A.R. Revenue By : Shri Virabhadra S. Mahajan, Sr. D.R. Date Of Hearing : 02.12.2025 Date Of Pronouncement : 03.02.2026 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 30.06.2025, Impugned Herein, Passed By The National Faceless Appeal Centre (Nfac)/Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2013-14. 2. In The Instant Case, An Information Was Received By The Ao From The Ddit (Inv.) Unit – 4 – Surat, With Regard To The Circular Transaction Of Rs.2,11,19,942/- By The Assessee With M/S. Seven Star Jewels Proprietary. On Perusing The Information, The Ao Observed That It Is Apparent That The Assessee Has Earned An Income To The Tune Of Rs.2,11,19,942/- But Has Not Included This 2 Cool Diamond Private Limited

For Appellant: Shri Vimal Punmiya, Ld. A.RFor Respondent: Shri Virabhadra S. Mahajan, SR. D.R
Section 147Section 148Section 250

Judicial Member: This appeal has been preferred by the Assessee against the order dated 30.06.2025, impugned herein, passed by the National Faceless Appeal Centre (NFAC)/Ld. Commissioner of Income Tax (Appeals) (in short Ld. Commissioner) u/s 250 of the Income Tax Act, 1961 (in short

Income Tax Officer, Cumballa Hill vs. Seth Damji Laxmichand Jain Dharma Sthanak, Chinchpokali

In the result, the appeal is dismissed

ITA 4824/MUM/2025[2012-13]Status: DisposedITAT Mumbai03 Feb 2026AY 2012-13

Bench: Shri Saktijit Dey & Shri Jagadishincome Tax Officer Seth Damji Laxmichand Jain Room No. 617, 6Th Floor, Dharma Sthanak Mtnl Building, Peddar Road, Vs. 64 Dr. Ambedkar Road, Cumballa Hill, Mumbai-400 026 Opp. Kalchowki, Post Office, Chichpokali, Mumbai-400 012 Pan/Gir No. Aacts 2218 L (Appellant) : (Respondent) Appellant By : Shri Hemant Jawahar Lal & Shri Ravi Ganatra Respondent By : Shri Arun Kanti Datta – Cit Dr Date Of Hearing : 14.01.2026 Date Of Pronouncement : 03.02.2026 O R D E R Per Saktijit Dey: The Present Appeal By The Department Arises Out Of Order Dated 26.05.2025, Passed By National Faceless Appeal Centre (‘Nfac’ For Short), Delhi Pertaining To The Assessment Year (A.Y. For Short) 2012-13. 2. The Effective Grounds Raised By The Department Are As Under: 1. "On The Facts & Circumstances In Allowing Of The Case & In Law, The Ld Cit(A) Erred The Benefit Of Indexed Cost Of Acquisition Trust Registered U/S. 48 Of The Act To A U/S. 12A, Disregarding Dated 19.06.1968. The Cbdt Circular No 5-P(Lxx- 2. "On The Facts & Circumstances Allowing Accumulation Of The Case & In Law, The Cit(A) Erred In Same Being Under Section 11(1)(A) On Capital Gains, Despite The Resulting In Already Deemed As Applied Under Section 11(1A), Thereby Double Deduction". 3. "On The Facts & Circumstances To Appreciate Of The Case & In Law, He Ld. Cit(A) Failed J.K. Synthetics The Ratio Of Decision Of Hon'Ble Supreme Court In The Case Of Apex Court Ltd. V. Union Of India (199 Itr 43) (Sc) Wherein The Hon'Ble Has Categorically Held That No Legislation Permit Double Can Be Construed To Specifically Deduction In Respect Of The Same Expenditure Unless Provided.

For Appellant: Shri Hemant Jawahar Lal &For Respondent: Shri Arun Kanti Datta – CIT DR
Section 11Section 11(1)(a)Section 11(2)Section 11ASection 12ASection 48

Saktijit Dey, Vice President: The present appeal by the department arises out of order dated 26.05.2025, passed by National Faceless Appeal Centre (‘NFAC’ for short), Delhi pertaining to the assessment year (A.Y. for short) 2012-13. 2. The effective grounds raised by the department are as under

Subhadra Bhardwaj, Gurgaon vs. ITO Ward -4(3) Gurgaon, Gurgoan

Appeal is allowed for statistical purposes

ITA 5532/DEL/2025[2017-18]Status: DisposedITAT Delhi03 Feb 2026AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandraassessment Year: 2017-18 Subhadra Bhardwaj, Vs. Income Tax Officer, House No. 1367, Ward-4(3), Sector-4, Gurgaon Gurgaon Pan: Ajnpb7398G (Appellant) (Respondent) Assessee By Sh. Samyak Jain, Adv. Department By Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing 03.02.2026 Date Of Pronouncement 03.02.2026 Order Per Satbeer Singh Godara, Jm This Assessee’S Appeal For Assessment Year 2017-18, Arises Against The Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre [In Short, The “Cit(A)/Nfac”], Delhi’S Din & Order No. Itba/Nfac/S/250/2025-26/1078290918(1), Dated 08.07.2025 Involving Proceedings Under Section 144 Of The Income- Tax Act, 1961 (Hereinafter Referred To As ‘The Act’). Heard Both The Parties. Case File Perused. 2. Learned Counsel Submits That On Account Of Communication Gaps At Various Levels, The Assessee Could Not Appear To Plead & Prove All The Relevant Facts In The Lower Appellate Proceedings & Therefore, Larger Interest Of Justice Would Be Met, In Case, The Matter May Be Restored Back To The Cit(A). The Revenue Vehemently Support The Learned Lower Authorities Action Making Addition(S) Herein On Merits. 3. Be That As It May, The Fact Remains That Possibility Of Some Communication Gaps At Various Levels In Such An Instance Could Not Be Altogether Ruled Out. It Is Therefore Deemed Appropriate In The Larger Interest Of Justice To Restore The Assessee’S Instant Appeal Back To The Cit(A) For His Afresh Appropriate Adjudication, Within Three Effective Opportunities Of Hearing At The Appellant’S Risk & Responsibility, In Consequential Proceedings. Ordered Accordingly. 4. This Assessee’S Appeal Is Allowed For Statistical Purposes. Order Pronounced In The Open Court On 3Rd February, 2026

Section 144

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘F’ NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI