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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

Health Foundation & Research Centre, Dahod vs. Asstt. Commissioner of Income Tax, Circle-2, Exemption, Ahmedabad

In the result, the appeal of the Assessee is treated as allowed for statistical purposes

ITA 516/AHD/2023[2011-12]Status: DisposedITAT Ahmedabad23 Jul 2024AY 2011-12

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.516/Ahd/2023 "नधा"रण वष" /Assessment Year : 2011-12 Health Foundation & The Acit बनाम/ Research Centre Circle-2 (Exemption) Gf Post Box No.156 Ahmedabad-380 015 V/S. Sheth Shri Girdharlal Marg Raliyati Road, Dahold – 389 151 (Gujarat) "थायी लेखा सं./Pan: Aaath 0867 J अपीलाथ"/ (Appellant) ….. "" यथ"/ (Respondent) Assessee By : Shri Sakar Sharma, Ar Revenue By : Shri Ashok Kumar Suthar, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 16/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 23/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee As Against The Order Dated 08/05/2023 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 19/12/2018 Passed By The Assessing Officer (Ao) Under Section 143(3) R.W.S. 147 Of The Health Foundation & Research Centre Vs. Acit Asst. Year : 2011-12

For Appellant: Shri Sakar Sharma, ARFor Respondent: Shri Ashok Kumar Suthar, Sr.DR
Section 11Section 13(1)Section 142(1)Section 143(2)Section 143(3)Section 147Section 148

appeal is filed by the Assessee as against the order dated 08/05/2023 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 19/12/2018 passed by the Assessing Officer (AO) under ... order of the Ld.CIT(A), the assessee is in appeal before us with following grounds of appeal: 1. The Ld. CIT(A)-NFAC erred on facts and in law in deciding appeal ex-parte without giving reasonable opportunity of being heard and in not adjudicating the grounds of appeal

Baba Shivaji Khawale, Pune vs. Income Tax Officer Ward-8(3), Pune

ITA 859/PUN/2024[2016-17]Status: DisposedITAT Pune23 Jul 2024AY 2016-17

Bench: Hon’Ble Shri G. D. Padmahshali & Shri Vinay Bhamoreassessment Year : 2016-17 Baba Shivaji Khawale, 1264, Near Nagraj Body Builder, Chikhali, Pune-411062. Pan: Bqapk3725R. . . . . . . . Appellant V/S The Income Tax Officer, Ward-8(3), Pune. . . . . . . . Respondent Appearances Assessee By : Mr B B Mane Through Mr Ankesh[‘Ld. Ar’] Revenue By : Mr Umashankar Prasad [‘Ld. Dr’] Date Of Conclusive Hearing : 23/07/2024 Date Of Pronouncement : 23/07/2024 Order Per G. D. Padmahshali, Am; The Assessee Is In Appeal Against The Din & Order No. Itba/Nfas/S/250/2023- 24/1062105966(1) Dt. 06/03/2024 Passed U/S 250 Of The Income-Tax Act, 1961 [‘The Act’ Hereinafter] By The National Faceless Appeal Centre [‘Nfac’ Hereinafter] Passed Which In Turn Confirmed The Order Of Assessment Passed U/S 147 R.W.S. 144 Of The Act By The National Faceless Assessment Centre [‘Neac’ Hereinafter] Anent To Assessment Year 2016-17 [‘Ay’ Hereinafter];

For Appellant: Mr B B Mane through Mr Ankesh[‘Ld. AR’]For Respondent: Mr Umashankar Prasad [‘Ld. DR’]
Section 147Section 148Section 151(2)Section 250Section 69A

ITBA/NFAS/S/250/2023- 24/1062105966(1) dt. 06/03/2024 passed u/s 250 of the Income-tax Act, 1961 [‘the Act’ hereinafter] by the National Faceless Appeal Centre [‘NFAC’ hereinafter] passed which in turn confirmed the order of assessment passed u/s 147 r.w.s. 144 of the Act by the National Faceless Assessment Centre [‘NeAC’ hereinafter ... 21/03/2022 framed u/s 147 r.w.s. 144 r.w.s. 144B of the Act. 3.3 Aggrieved assessee unsuccessfully contested former addition in an appeal before Ld. NFAC. 4. Aggrieved by the order of first appellate authority the assessee came in present appeal with following grounds; 1. The appellant, an individual lacking knowledge

Vinayak Janrao Kolasakar, Nashik vs. Income Tax Officer, Ward 1(3), Nashik

ITA 51/PUN/2024[2017-2018]Status: DisposedITAT Pune23 Jul 2024AY 2017-2018

Bench: Hon’Ble Shri G. D. Padmahshali & Shri Vinay Bhamoreassessment Year : 2017-18 Vinayak Janrao Kolasakar 1, Godavari Vihar Society, Ramwadi, Panchawati, Nasik-422003. Pan: Aclpk3569R. . . . . . . . Appellant V/S The Income Tax Officer, Ward-1(3), Nashik. . . . . . . . Respondent Appearances Assessee By : Mr Pramod Shingte [‘Ld. Ar’] Revenue By : Mr Umashankar Prasad [‘Ld. Dr’] Date Of Conclusive Hearing : 23/07/2024 Date Of Pronouncement : 23/07/2024 Order Per G. D. Padmahshali, Am; The Assessee Is In Appeal Against The Din & Order No. Itba/Nfas/S/250/2023- 24/1057868559(1) Dt. 10/11/2023 Passed U/S 250 Of The Income-Tax Act, 1961 [‘The Act’ Hereinafter] By The National Faceless Appeal Centre [‘Nfac’ Hereinafter] Passed Which In Turn Confirmed The Order Of Assessment Passed U/S 143(3) Of The Act By The Income Tax Officer, Ward-1(3), Nashik [‘Ao’ Hereinafter] Anent To Assessment Year 2017-18 [‘Ay’ Hereinafter];

For Appellant: Mr Pramod Shingte [‘Ld. AR’]For Respondent: Mr Umashankar Prasad [‘Ld. DR’]
Section 143(3)Section 250Section 68

ITBA/NFAS/S/250/2023- 24/1057868559(1) dt. 10/11/2023 passed u/s 250 of the Income-tax Act, 1961 [‘the Act’ hereinafter] by the National Faceless Appeal Centre [‘NFAC’ hereinafter] passed which in turn confirmed the order of assessment passed u/s 143(3) of the Act by the Income Tax Officer, Ward-1(3), Nashik ... assessed the total income at ₹41,83,280/- Aggrieved assessee unsuccessfully contested the former addition in an appeal before Ld. NFAC. 3. Aggrieved by the order of first appellate authority the assessee came in present appeal with a solitary substantive ground as; 1. On the facts and the circumstances