← All Phrases

“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

Sandeep Ramesh Keni, Maharashtra vs. Commissioner of Income Tax, Delhi

In the result, the appeal is allowed for statistical purpose

ITA 1080/MUM/2024[2013-14]Status: DisposedITAT Mumbai25 Jul 2024AY 2013-14

Bench: Shri Amit Shukla & Shri Ratnesh Nandan Sahayassessment Year: 2013-14 Sandeep Ramesh Keni The Commissioner Of B-Wing, Room No. 24, Income Tax Panvel Plaza, Government Of India Behind S. K. Bajaj Vs. Ministry Of Finance, Showroom, Income Tax Department, Panvel, National Faceless Appeal Raigad-410206. Centre, Pan: Avapk7931R Delhi- 110011 (Appellant) (Respondent) Present For : Assessee By : Shri Mayank Bagla, Adv. A/W Shri. Hiten Lala, Adv. : Smt. Kakoli Uttam Ghosh, D.R. Revenue By : 24 . 06 . 2024 Date Of Hearing : 25 . 07 . 2024 Date Of Pronouncement

For Appellant: Shri Mayank Bagla, Adv. a/w Shri. Hiten LalaFor Respondent: 24 . 06 . 2024
Section 142(1)Section 147Section 148Section 249(4)Section 250Section 44

Commissioner of Income Tax (Appeals) erred in recording that ample opportunities have been provided to the Appellant to offer submissions before the NFAC (AO), despite no knowledge notice being served upon Appellant herein. 7. The Commissioner of Income Tax (Appeals) erred in not appreciating the fact that the nature ... Rupees and Sixty Paise), which is below the minimum taxable limit. 10. The Commissioner of Income Tax (Appeals) erred in not appreciating that the NFAC (AO) 4 Sandeep Ramesh Keni did not accord any hearing to the Appellant despite the Appellant making express request for the same. 11. The impugned

ACIT-2(1)(1), Mumbai vs. Kundan Jewellers, Mumbai

In the result, additional ground raised by the assessee is allowed and appeal filed by the Revenue is dismissed

ITA 4493/MUM/2023[2014-15]Status: DisposedITAT Mumbai25 Jul 2024AY 2014-15

Bench: Us Challenging The Validity Of Reopening U/S.147 On The Following Grounds:- “1.On The Facts & In The Circumstances Of The Case, The Commissioner Of Income-Tax (Appeals) Nfac Has Erred In Not Adjudicating The Ground Of The Assessee Challenging The Validity Of Reassessment, Which Is Time-Barred Considering The Provisions Of The Act. The Assessee Respectfully Submits That The Reassessment Made Is Time Barred & Therefore The Same Deserves To Be Quashed. 2 On The Facts & In The Circumstances Of The Case, The Cit (A) Has Erred In Not Adjudicating The Additional Ground Of Appeal Raised By The Assessee During The Course Of The Appeal Proceedings. The Assessee Respectfully Submits That The Issue Of Statutory Notices /S. 148 Of The Act By The Jurisdictional Assessing Officer Is In Violation Of The Provisions Of Section 151A Of The Act & The Notifications Issued Thereunder. Accordingly The Reassessment In Pursuance Of Such Notices Is Invalid & Deserves To Be Quashed.”

Section 115JSection 139(1)Section 143(1)Section 143(3)Section 147Section 148Section 151Section 151ASection 68

AMIT SHUKLA (J.M): The aforesaid appeal has been filed by the Revenue against order dated 26/10/2023 passed by NFAC, Delhi for the quantum of assessment passed u/s.147 r.w.s. 143(3) of the Act for A.Y.2014-15. 2. The assessee in the grounds of appeal has challenged the addition of Rs.6 ... validity of reopening u/s.147 on the following grounds:- “1.On the facts and in the circumstances of the case, the Commissioner of Income-tax (Appeals) NFAC has erred in not adjudicating the ground of the assessee challenging the validity of reassessment, which is time-barred considering the provisions

Rahul Sibal, Gurgaon vs. National Faceless Assessment Centre - ITO Ward 3(1), Gurgaon

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

ITA 571/DEL/2024[2016-17]Status: DisposedITAT Delhi25 Jul 2024AY 2016-17

Bench: Shri Shamim Yahya & Shri Vimal Kumarrahul Sibal, Vs. Ito, Ward 3 (1), 218 A, Tower 2, 18Th Floor, Gurgaon. Magnolias Dlf Golf Course, Dlf Phase 5, Golf Course Road, Gurgaon – 122 003 (Haryana). (Pan : Ftqps8636N) (Appellant) (Respondent) Assessee By : Ms. Ananya Kapoor, Advocate Revenue By : Shri Brij Mohan Singh, Sr. Dr Date Of Hearing : 25.07.2024 Date Of Order : 25.07.2024 Order Per Shamim Yahyathis Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)/National Faceless Appeal Centre (Nfac) Dated 31.07.2023 For The Assessment Year 2016-17. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. That The Assessment Order Dated 23.02.2022 Passed Under Section 147/144 Rws 144B Of The Income Tax Act, 1961 ('The Act') For Assessment Year ('Ay') 2016-17 By The Assessing Officer ('Ao') As Upheld By The National Faceless Appeal Centre (Hereinafter Referred To As 'Cit(A)') Vide Order

For Appellant: Ms. Ananya Kapoor, AdvocateFor Respondent: Shri Brij Mohan Singh, Sr. DR
Section 144Section 147Section 234ASection 250(6)

SHAMIM YAHYA, ACCOUNTANT MEMBER This appeal by the assessee is directed against the order of the ld. CIT (Appeals)/National Faceless Appeal Centre (NFAC) dated 31.07.2023 for the assessment year 2016-17. 2. Grounds of appeal taken by the assessee read as under :- “1. That the Assessment Order dated

Anup Bansal, New Delhi vs. ITO Ward 44(2), New Delhi

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

ITA 2067/DEL/2024[2017-18]Status: DisposedITAT Delhi25 Jul 2024AY 2017-18

Bench: Shri Shamim Yahyaanup Bansal, Vs. Ito, Ward 44 (2), 3/7, Jai Dev Park, New Delhi. Near East Punjabi Bagh, New Delhi – 110 026. (Pan : Ajlpb6284F) (Appellant) (Respondent) Assessee By : Shri Tarandeep Singh, Advocate Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 25.07.2024 Date Of Order : 25.07.2024 Order This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)/National Faceless Appeal Centre (Nfac) Dated 08.01.2024 For The Assessment Year 2017-18. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. That On Facts & In Law The Order Dated 03Rd December 2019 Passed By The Assessing Officer {Hereinafter Referred To As The "Ao"} Is Bad In Law & Void Ab Initio. 2. That On Facts & In Law The Impugned Order Dated 08Th January 2024 Passed By The Commissioner Of Income Tax (Appeals) {Hereinafter Referred To As The "Cit(A)"} Is Bad In Law & Void Ab Initio.

For Appellant: Shri Tarandeep Singh, AdvocateFor Respondent: Shri Om Prakash, Sr. DR
Section 115BSection 144Section 234A

Date of Order : 25.07.2024 ORDER This appeal by the assessee is directed against the order of the ld. CIT (Appeals)/National Faceless Appeal Centre (NFAC) dated 08.01.2024 for the assessment year 2017-18. 2. Grounds of appeal taken by the assessee read as under :- “1. That on facts

Khola Bricks Udyog, Berli Kalan, Rewari vs. ITO, Ward-1, Rewari

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

ITA 2049/DEL/2024[2017-18]Status: HeardITAT Delhi25 Jul 2024AY 2017-18

Bench: Shri Shamim Yahyakhola Bricks Udyog, Vs. Ito, Ward 1, Shri Bhagwan, Rewari. S/O Bhoundu Ram, Berli Kalan (310), Musepur, Rewari – 123 401 (Haryana). (Pan : Aajfk0181D) (Appellant) (Respondent) Assessee By : Shri Pranav Yadav, Advocate Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 25.07.2024 Date Of Order : 25.07.2024 Order This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)/National Faceless Appeal Centre (Nfac) Dated 17.10.2023 For The Assessment Year 2017-18. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. On The Facts & Circumstances Of The Case & In Law, The Ld. Cit (A) Erred In Passing Ex-Parte Order. 2. On The Facts & Circumstances Or The Case & In Law, The Ld. Cit (A) Erred In Passing Order Without Providing Proper Opportunity Of Being Heard. 3. On The Facts & Circumstances Of The Case & In Law, The Order Passed By Ld. Cit (A) Is Against The Principles Of Natural Justice.

For Appellant: Shri Pranav Yadav, AdvocateFor Respondent: Shri Om Prakash, Sr. DR
Section 234ASection 271ASection 272A(1)(d)Section 69A

Date of Order : 25.07.2024 ORDER This appeal by the assessee is directed against the order of the ld. CIT (Appeals)/National Faceless Appeal Centre (NFAC) dated 17.10.2023 for the assessment year 2017-18. 2. Grounds of appeal taken by the assessee read as under :- “1. On the facts and circumstances

Balbiri, Ghaziabad vs. ITO Ward 1(5), Ghaziabad

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

ITA 2045/DEL/2024[2012-13]Status: HeardITAT Delhi25 Jul 2024AY 2012-13

Bench: Shri Shamim Yahyabalbiri, Vs. Ito, Ward 1 (5), Ch.No.206-207, Ansal Satyam Rdc, Ghaziabad. Rajnagar, Ghaziabad – 201 002 (Uttar Pradesh). (Pan : Azypb0944P) (Appellant) (Respondent) Assessee By : Shri Vipin Garg, Advocate Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 25.07.2024 Date Of Order : 25.07.2024 Order This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)/National Faceless Appeal Centre (Nfac) Dated 31.10.2023 For The Assessment Year 2012-13. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. Because, Order Of Id. Cit (Appeals) Is Bad In Law & Against The Facts & Circumstances Of The General Case. 2. Because, Ld. Cit (Appeals) Erred In Dismissing The Appeal Ex-Party Without Providing Proper Opportunity As Notice Issued On The Last Date 18.09.2023 Was Never Received By The Ar & Even Assessee Could Know The Order Only After Visiting Portal By Ar In April, 24, Hence Order Is Without Providing Proper Opportunity Of Being Heard More When Order Of Assessment Is Also Passed Ex-Party U/S 144 Of The Act.

For Appellant: Shri Vipin Garg, AdvocateFor Respondent: Shri Om Prakash, Sr. DR
Section 144Section 250Section 54B

Date of Order : 25.07.2024 ORDER This appeal by the assessee is directed against the order of the ld. CIT (Appeals)/National Faceless Appeal Centre (NFAC) dated 31.10.2023 for the assessment year 2012-13. 2. Grounds of appeal taken by the assessee read as under :- “1. Because, order