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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

Sandhya Ramdev Kunjur, Mumbai vs. ACIT, Circle 19(3), Mumbai

In the result, appeal of the assessee is allowed

ITA 389/MUM/2024[2012-13]Status: DisposedITAT Mumbai25 Jul 2024AY 2012-13

Bench: Us:- “1. The Learned Cit(A) Has Erred In Dismissing The Appeal Holding That Appellant Needs To File A Separate Appeal Against The Order Dated 22-12-2019 Passed U/S. 144 Rws 147 When Said Order Is Issued In Electronic Mode On The Inactive Pan: Αλεpk5449B & 2 Sandhya Ramdev Kunjar The Present System Does Not Permit The Appellant To Access The Account Bearing Invalid Pan To File The Appeal Electronically Against Such Order. 2. The Learned Cit(A) Has Erred In Upholding The Order U/S. 154 Of The Learned A O Which Did Not Give Any Reason For Holding That The Relief Sought For By The Appellant Was "Beyond The Scope Of The Act". 3. The Learned Cit-A Has Ignored The Jurisdictional High Court Judgements In Blue Star Engineering Co (Bombay) (P) Ltd Vs Cit Bombay City [1967] 73 Itr 263 (Bom) & Other Decisions In Holding That The Relief Sought By The Appellant In Her Petition U/S. 154 Could Not Be Granted. Accordingly, It Is Prayed That This Honourable Court Allow The Appeal & Direct The Respondent To Cancel The Assessment Order Passed On 22-12-2019 Under Section 144 On The Inactive Pan.”

Section 144Section 147Section 148Section 154

AMIT SHUKLA (J.M): The aforesaid appeal has been filed by the assessee against order dated 14/08/2023 passed by NFAC, Delhi in relation to the order passed u/s.154 for the A.Y.2012-13. 2. Assessee has raised following grounds before us:- “1. The learned CIT(A) has erred in dismissing the appeal holding