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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

Tara Hospitality Pvt Ltd, Office No A vs. Income Tax Officer 15(3)(1), Mumbai

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

ITA 7445/MUM/2025[2018-19]Status: DisposedITAT Mumbai30 Jan 2026AY 2018-19

Bench: Shri Anikesh Banerjee & Shri Makarand Vasant Mahadeokartara Hospitality Private Vs Income Tax Officer 15(3)(1), Limited Mumbai Office No.A-112 Plot No.53, Room No.456 Aayakar Bhawan, Sector-15Cbd Belapur Navi M.K. Road, Mumbai-400020 Mumbai-400614 Pan:Aaect7774K Appellant Respondent Assessee By : Shri Satyaprakash Singh, Ca Respondent By : Shri Ritesh Misra (Cit Dr) Date Of Hearing : 28/01/2026 Date Of Pronouncement : 30/01/2026 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 2018-19, Date Of Order 19.09.2025. The Impugned Order Emanated From The Order Of The National Eassessment Centre, Delhi (For Brevity The “Ld. Ao”), Order Passed Under Section 144 R.W.S. 144B Of The Act Date Of Order 23.04.2021. 2 Tara Hospitality Pvt. Ltd. 2. We Heard The Rival Submission & Considered The Documents Available In The Record. The Assessee Company Filed The Return By Admitting Loss Amount Of Rs.6,85,303/-. The Assessment Proceeding Was Initiated. During The Assessment Ld. Ao Found In Column No.31(A) Of The Audit Report For Form No.3Cd That Assessee Has Taken Loan From Three Different Parties Amount Of Rs.1,45,75,891/-. But Finally The Assessment Order Was Passed Ex Parte & The Unsecured Loan Amount Of Rs.1,45,75,891/- Was Added Back As Unexplained Cash Credit U/Sec. 68 Of The Act. Aggrieved Assessee Filed An Appeal Before The Ld. Cit(A). The Ld. Cit(A) Passed An Order Ex Parte & Uphold The Impugned Assessment Order. Being Aggrieved Assessee Filed An Appeal Before Us.

For Appellant: Shri Satyaprakash Singh, CAFor Respondent: Shri Ritesh Misra (CIT DR)
Section 144Section 250Section 68

pronouncement : 30/01/2026 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

Elegant Marbles and Grani Industries Limited, Mumbai vs. ACIT, Circle 6(2)(2), Mumbai

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

ITA 7415/MUM/2025[2017-18]Status: DisposedITAT Mumbai30 Jan 2026AY 2017-18

Bench: Shri Anikesh Banerjee & Shri Makarand Vasant Mahadeokarelegant Marbles & Grani Vs Assistant Commissioner Of Income Industries Limited Tax, Circle 6(2)(2), Mumbai Room No. 506, 5Th Floor Aayakar Raghuvanshi Mill Compound, Senapati Bapat Marg, Lower Bhawan, M.K. Road, Mumbai Parel, Mumbai-400013 400020 Pan: Aaace1584C Appellant Respondent Assessee By : Shri Shreyash Shah, Respondent By : Shri Ritesh Misra (Cit Dr) Date Of Hearing : 27/01/2026 Date Of Pronouncement : 30/01/2026 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 2017-18, Date Of Order 06.11.2025. The Impugned Order Emanated From The Order Of The Ld. Assistant Commissioner Of Income Tax Circle.-6(2)(2), Mumbai (For Brevity The “Ld. Ao”), Order Passed Under Section 143(3) Of The Act, Date Of Order 12.12.2019. 2

For Appellant: Shri Shreyash ShahFor Respondent: Shri Ritesh Misra (CIT DR)
Section 139(1)Section 143(1)Section 143(3)Section 14ASection 14A(2)Section 250

pronouncement : 30/01/2026 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