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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

Lumis Biotech Private Limited, Mumbai vs. DCIT Circle 7(1)(1), Mumbai

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

ITA 1033/MUM/2024[2018-2019]Status: DisposedITAT Mumbai01 Aug 2024AY 2018-2019

Bench: Shri Pavan Kumar Gadale & Shri Girish Agrawallumis Biotech Pvt Ltd, Vs. Dcit, Circle -7(1)(1), Room No.130, 1St Floor, 501, Arun Chambers, Ayakar Bhavan, Tardeo, M.K.Road, Mumbai-400034. Mumbai -400020. Pan/Gir No. Aaacl1066G (अपीऱाथी/Appellant) (प्रत्यथी/Respondent) Appellant By Shri Hitesh P. Shah.Ar Respondent By Shri Manoj Kumar Sinha, Sr. Dr सुनवाई की तारीख/Date Of Hearing 31.07.2024 घोषणा की तारीख/Date Of Pronouncement 01.08.2024 Order Per Pavan Kumar Gadale, Jm: “ The Appeal Is Filed By The Assessee Against The Order Of National Faceless Appeal Centre (Nfac) Delhi/Cit(A), Passed U/Sec 143(3) & U/Sec 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal: 1. The Hon. Cit(A) Ought To Have Appreciated The Fact That The Appellant Could Not Represent Its Case Due To Circumstances Beyond Its Control. 2 The Hon. Cit(A) Was Not Justified In Disregarding The Fact That The Accountant Had Made Inadvertent Mistake In Claiming Deduction U/S.35(2Aa).

Section 35

Pronouncement 01.08.2024 ORDER PER PAVAN KUMAR GADALE, JM: “ The appeal is filed by the assessee against the order of National Faceless Appeal Centre (NFAC) Delhi/CIT(A), passed u/sec 143(3) and u/sec 250 of the Act. The assessee has raised the following grounds of appeal

The Panchmahals Dist. Co. Op. Bank Ltd., Godhra vs. The Income Tax Officer, Ward-3(1)(2), Vadodara

In the result, the appeal of the Assessee is allowed

ITA 675/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad31 Jul 2024AY 2017-18

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.675/Ahd/2023 "नधा"रण वष" /Assessment Year : 2017-18 The Panchmahals Dist. Co- The Ito Op.Bank Ltd. बनाम/ Ward-3(1)(2), Prabha Road Vadodara V/S. Dahod Highway Godhra – 389 001 (Gujarat) "थायी लेखा सं./Pan: Aaajt 0268 P (अपीलाथ"/ Appellant) ("" यथ"/ Respondent) Assessee By : Shri Mehul K. Patel, Ar Revenue By : Shri Kamlesh Makwana, Cit-Dr सुनवाई क" तार"ख/Date Of Hearing : 25/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 31/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee As Against The Order Dated 14/08/2023 Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “The Ld.Cit(A)” In Short] Arising Out Of The Assessment Order Dated 29/12/2019 Passed By The Assessing Officer (Ao) Under Section 143(3) Of The Income The Panchmahals Dist. Co-Op. Bank Ltd. Vs. Ito Asst. Year : 2017-18

For Appellant: Shri Mehul K. Patel, ARFor Respondent: Shri Kamlesh Makwana, CIT-DR
Section 115BSection 143(2)Section 143(3)Section 234BSection 69A

appeal is filed by the Assessee as against the order dated 14/08/2023 passed by the Commissioner of Income-tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as “the Ld.CIT(A)” in short] arising out of the assessment order dated 29/12/2019 passed by the Assessing Officer (AO) under ... order of the Ld.CIT(A), the assessee is in appeal before us with following grounds: “(1) That on facts, and in law, the learned NFAC-CIT(A) has grievously erred in not admitting the additional evidences filed before it, even after calling for a Remand Report from the Assessing Officer