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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

Kondamma Dara, Visakhapatnam vs. Income Tax Officer, Ward-4(6), Visakhapatnam

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

ITA 303/VIZ/2024[2012-13]Status: DisposedITAT Visakhapatnam06 Sept 2024AY 2012-13

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकरअपीलसं./I.T.A. No. 303/Viz/2024 (निर्धररवरध/ Assessment Year: 2012-13) Kondamma Dara Income Tax Officer – Ward – 4(6) V. 1-23, Anandapuram Visakhapatnam Visakhapatnam – 531163 Andhra Pradesh [Pan : Bfmpd7127R] (अपीलार्/ Appellant) (प्र्/ Respondent) करद्त्क्पनतनिनरध/ Assessee Represented By : Shri C. Subrahmanyam, Ar : Dr. Aparna Villuri, Sr.Ar र्जसक्पनतनिनरध/ Department Represented By : 04.09.2024 सुिव्ईसम्पहोिेकीनतनि/ Date Of Conclusion Of Hearing घोरर्कीत्रीख/Date Of Pronouncement : 06.09.2024 आदेश/O R D E R Per Shri Duvvuru Rl Reddy: 1. This Appeal Is Filed By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals), [Hereinafter In Short “Ld.Cit(A)”], National Faceless Appeal Centre (Nfac), Delhi In Din & Order No. Itba/Nfac/S/250/2024-25/1066191061(1) Dated 28.06.2024 Arising Out Of Order Passed Under Section 147 R.W.S. 144 Of The Income Tax Act, 1961 (In Short ‘Act’) Dated 31.10.2019 For The A.Y. 2012-13. 2. Briefly Stated Facts Of The Case Are That, Assessee Is An Individual & Has Not Filed Return Of Income For The A.Y. 2012-13. As Per The Information Received

Section 143(2)Section 144Section 147Section 148Section 250Section 250(6)

filed by the assessee against the order of Learned Commissioner of Income Tax (Appeals), [hereinafter in short “Ld.CIT(A)”], National Faceless Appeal Centre (NFAC), Delhi in DIN & Order No. ITBA/NFAC/S/250/2024-25/1066191061(1) dated 28.06.2024 arising out of order passed Under section 147 r.w.s. 144 of the Income ... r.w.s.147 of the IT Act dt:31/10/2019 that was upheld by the Ld. Page No. 2 I.T.A. No. 303/VIZ/2024 Kondamma Dara CIT(A) NFAC vide order passed u/s 250 of the IT Act dt: 28.06.2024 is not in accordance with facts of the case and provisions

Coastal Engineering & Equipements (India) Private Limited, Visakhapatnam vs. Income Tax Officer, Circle-1(1), Visakhapatnam

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

ITA 138/VIZ/2024[2020-21]Status: DisposedITAT Visakhapatnam06 Sept 2024AY 2020-21

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./I.T.A. No. 138/Viz/2024 (निर्धारण वर्ा/ Assessment Year: 2020-21) Coastal Engineering & Equipments V. Income Tax Officer – Circle 1(1) (India) Private Limited Income Tax Office 30-1-1/7, Flat No. 201 Pratyakshakar Bhawan Neeladri Complex Mvp Double Road, South Jail Road, Daba Gardens Visakhapatnam, Andhra Pradesh Visakhapatnam – 530020 Andhra Pradesh [Pan: Aaecc3619C] (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent)

Section 143(3)Section 250

Learned Commissioner of Income Tax (Appeals), [hereinafter in short “Ld.CIT(A)”], I.T.A. No. 138/VIZ/2024 Coastal Engineering & Equipments (India) Private Limited National Faceless Appeal Centre (NFAC), Delhi in DIN & Order No. ITBA/NFAC/S/250/2023-24/1056681703(1) dated 30.09.2023 arising out of order passed Under section 143(3) r.w.s. 144B of Income ... raised following grounds of appeal: - “1. The orders passed under section 143(3) of the IT Act dt.25.09.2022, upheld by the Ld. CIT(A) NFAC ("in short CIT(A)") vide orders passed u/s 250 of the IT Act dt. 30.09.2023 are contested by the appellant on the grounds that they