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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

Indapur Taluka Prathamik Shikanchi Sahkari Patasanstha Maryadit, Pune vs. Income Tax Officer Ward 14(5) Pune, Pune

In the result, appeal of the assessee is allowed

ITA 1010/PUN/2024[2017-2018]Status: DisposedITAT Pune09 Sept 2024AY 2017-2018

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.1010/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 Indapur Taluka Prathamik V The Income Tax Officer, Shikanchi Sahkari S Ward-14(5), Pune. Patasanstha Maryadit, At Post Indiapur, Near Kadam Hospital, Tal Indapur, Dist-Pune. Maharashtra – 413106. Pan: Aaaai1014K Appellant / Assessee Respondent / Revenue Assessee By Shri Pramod S Shingte – Ar Revenue By Shri Ramnath P Murkunde - Dr Date Of Hearing 09/09/2024 Date Of Pronouncement 11/09/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Under Section 250 Of The Income Tax Act, 1961 Dated 12.03.2024 For The Assessment Year 2017-18. The Assessee Has Raised The Following Grounds Of Appeal : “1. On The Facts & In The Circumstances Of The Case & In Law, Learned Assessing Officer Have Erred In In Rejecting Deduction Under Section 80P(2)(A)(I) For A Sum Of Rs.41,05,813 For Part Of The Profit Of Appellant Society Without Appreciating The Fact That Earning Of Interest Is An Integral Part Of Society’S Business & Appellant Prays For Allowing Such Deduction.

Section 143(3)Section 250Section 263Section 80PSection 80P(2)(a)Section 80P(2)(d)

आदेश/ ORDER PER DR. DIPAK P. RIPOTE, AM: This appeal filed by the assessee is against the order of ld.Commissioner of Income Tax(Appeal)[NFAC], under section 250 of the Income Tax Act, 1961 dated 12.03.2024 for the Assessment Year 2017-18. The assessee has raised the following grounds

Ruturaj Cooperative Housing Society Ltd., Pune vs. ITO, Ward 5(1), Pune

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 1418/PUN/2023[2012-13]Status: DisposedITAT Pune09 Sept 2024AY 2012-13

Bench: Shri G. D. Padmahshali & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1418/Pun/2023 िनधा"रण वष" / Assessment Year : 2012-13 Ruturaj Cooperative Vs. Ito, Ward-5(1), Pune. Housing Society Ltd., S. No.692/A-2, Ruturaj Society, Satara Road, Pune- 411037. Pan : Aaatr1116L Appellant Respondent Assessee By : Smt. Deepa Khare Revenue By : Shri Umesh Phade Date Of Hearing : 31.07.2024 Date Of Pronouncement : 09.09.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 27.10.2023 Passed By Ld Cit(A)/Nfac For The Assessment Year 2012-13. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. The Ld Cit(A) Has Erred In Confirming Addition Of Interest Income On Deposits Of Rs13,23,708/- Of Jain Mandir Which Has Overriding Title In Favour Of Jain Mandir & Thus Does Not Partake The Character Of Income In The Hands Of The Appellant. 2. The Ld Clt(A) Has Erred In Law & On Facts In Not Appreciating That The Issue Is Decided By Cit (Appeal) 4 For Ay 2008-09 & 2010-11 In Favour Of The Appellant.

For Appellant: Smt. Deepa KhareFor Respondent: Shri Umesh Phade
Section 139(1)Section 143(3)Section 147Section 148Section 251(2)

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “SMC”, PUNE BEFORE SHRI G. D. PADMAHSHALI, ACCOUNTANT MEMBER AND SHRI VINAY