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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

Chandra Gupta Basetty, Mancherial vs. Income Tax Officer, Ward-1, Manchirial

In the result, appeal of the assessee is treated as allowed for statistical purposes

ITA 843/HYD/2024[2017-18]Status: DisposedITAT Hyderabad24 Sept 2024AY 2017-18

Bench: Shri K.Narasimha Charyआ.अपी.सं / Ita No.843/Hyd/2024 (धििाारण वर्ा / Assessment Year: 2017-18) Chandra Gupta Basetty Income Tax Officer Mancherial Vs. Ward-1 Mancherial [Pan : Aenpb6195G] अपीलार्थी / Appellant प्रत्‍यर्थी / Respondent धििााररती द्वारा/Assessee By : Shri K.A.Sai Prasad, Ar राजस्‍व द्वारा/Revenue By : Shri Kumaran Ram, Dr सुिवाई की तारीख/Date Of Hearing: 23/09/2024 घोर्णा की तारीख/Pronouncement On: 24/09/2024 आदेश / Order Per K. Narasimha Chary, J.M: Aggrieved By The Order Dated 28/03/2024 Passed By The Learned Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi (“Learned Cit(A)”), In The Case Of Chandra Gupta Basetty (“The Assessee”) For The Assessment Year 2017-18, The Assessee Preferred This Appeal With A Delay Of 95 Days. 2. At The Outset Learned Ar Submits That The Learned Cit(A) Recorded That So Many Notices Were Issued & Because Of The Nonappearance Of The Assessee He Proceeded Ex-Parte & Dismissed The Appeal In Limine. The Assessee Filed An Affidavit & Submitted That The He Filed An Appeal Before The Learned Cit(A) Against The Order Under Section 143(3) Of The Income Tax

For Appellant: Shri K.A.Sai Prasad, ARFor Respondent: Shri Kumaran Ram, DR
Section 143(3)Section 250Section 250(6)

NARASIMHA CHARY, J.M: Aggrieved by the order dated 28/03/2024 passed by the learned Commissioner of Income Tax (Appeals)-National Faceless Appeal Centre (NFAC), Delhi (“Learned CIT(A)”), in the case of Chandra Gupta Basetty (“the assessee”) for the assessment year 2017-18, the assessee preferred this appeal with a delay

Guthikonda Pradeep Kumar Reddy, Hyderabad vs. ITO., Ward-9(1), Hyderabad

In the result, appeal of the assessee is treated as allowed for statistical purposes

ITA 825/HYD/2024[2017-18]Status: DisposedITAT Hyderabad24 Sept 2024AY 2017-18

Bench: Shri K.Narasimha Charyआ.अपी.सं / Ita No.825/Hyd/2024 (धििाारण वर्ा / Assessment Year: 2017-18) Guthikonda Pradeep Income Tax Officer Kumar Reddy Vs. Ward-9(1) Hyderabad Hyderabad [Pan : Anrpg7345N] अपीलार्थी / Appellant प्रत्‍यर्थी / Respondent धििााररती द्वारा/Assessee By : Mohd.Afzal, Ar राजस्‍व द्वारा/Revenue By : Shri Kumaran Ram, Dr सुिवाई की तारीख/Date Of Hearing: 24/09/2024 घोर्णा की तारीख/Pronouncement On: 24/09/2024 आदेश / Order Per K. Narasimha Chary, J.M: Aggrieved By The Order Dated 17/03/2024 Passed By The Learned Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi (“Learned Cit(A)”), In The Case Of Guthikonda Pradeep Kumar Reddy (“The Assessee”) For The Assessment Year 2017-18, The Assessee Preferred This Appeal With A Delay Of 465 Days. 2. At The Outset, Assessee Brought To My Notice That In Form No.35, The Assessee Requested Not To Communicate The Notices By Email By Specifically Noting So, But Inspite Of The Same, The Learned Cit(A) Sent The Notices To The Email Of The Assessee, Therefore, Miscommunication Happened & The Mail Sent By The Learned Cit(A) Escaped The Attention Of The Assessee.

For Appellant: Mohd.Afzal, ARFor Respondent: Shri Kumaran Ram, DR
Section 143(3)Section 250Section 250(6)

NARASIMHA CHARY, J.M: Aggrieved by the order dated 17/03/2024 passed by the learned Commissioner of Income Tax (Appeals)-National Faceless Appeal Centre (NFAC), Delhi (“Learned CIT(A)”), in the case of Guthikonda Pradeep Kumar Reddy (“the assessee”) for the assessment year 2017-18, the assessee preferred this appeal with

Samrat Kumar Ghosh, Darjeeling vs. I.T.O., Ward - 2(3), Kolkata

In the result, the appeal of the assessee is treated as allowed for statistical purposes

ITA 1495/KOL/2024[2017-2018]Status: DisposedITAT Kolkata24 Sept 2024AY 2017-2018

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.1495/Kol/2024 Assessment Year: 2017-18 Samrat Kumar Ghosh……..…….…....…………….......…....………....Appellant Tumbe Jote, Matigara, Rabin Sen Colony, Darjeeling, W.B – 734010. [Pan: Aqepg2359J] Vs. Ito, Ward-2(3), Siliguri.......................................................…..…..... Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 24, 2024 Date Of Pronouncing The Order : September 24, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 18.03.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Is Aggrieved By The Action Of The Lower Authorities In Making Addition Of Rs.55,53,171/- On Account Of Unexplained Cash Credits. 3. The Assessing Officer Found That There Were Cash Credits In The Bank Account Of The Assessee. However, The Assessee Could Not Give Satisfactory Explanation Regarding The Source Of The Said Cash Credits. Even The Assessee Did Not Reply To The Various Notices Issued By The Assessing Officer. The Assessing Officer, Therefore, Made The Impugned

Section 144Section 250

आयकर अपील"य अ"धकरण, कोलकाता पीठ ‘सी’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH KOLKATA Before Shri