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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

Om Prakash Thakur, New Delhi vs. ITO Ward 29(3), New Delhi

In the result, the appeal of the assessee is allowed

ITA 542/DEL/2023[2013-14]Status: DisposedITAT Delhi12 Jul 2024AY 2013-14

Bench: Shri Shamim Yahyaom Prakash Thakur, Vs. Ito, Ward 29 (3), 118/01, Govind Puri, Galli No.2, New Delhi. Opp. To Kalkaji Bust Depot, New Delhi – 110 019. (Pan : Abgpt9067R) (Appellant) (Respondent) Assessee By : Shri Tajender Khanna, Ca Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 08.07.2024 Date Of Order : 12.07.2024 Order This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)/National Faceless Appeal Centre (Nfac) Dated 17.01.2023 For The Assessment Year 2013-14. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. The Assessing Officer Has Erred In & (Nfac) Has Compounded The Error By Confirming The Action Of The Assessing Officer Limiting The Value Of The Deduction To Rs. 65.45 Lakh Only I.E. By Not Allowing Rs. 23.50 Lakh Which Was Paid By Assessee For Putting The House In Habitable Condition Under Section 54 Of The Income Tax Act. 2. The Assessing Officer Has Erred In & (Nf Ac) Has Compounded The Error By Not Recognizing The Fact That The Assessee Had Entered Into Two Separate Contracts With The Same Builder One For The Purchase Of Raw House Property & Second

For Appellant: Shri Tajender Khanna, CAFor Respondent: Shri Om Prakash, Sr. DR
Section 133(6)Section 143(1)Section 54

Date of Order : 12.07.2024 ORDER This appeal by the assessee is directed against the order of the ld. CIT (Appeals)/National Faceless Appeal Centre (NFAC) dated 17.01.2023 for the assessment year 2013-14. 2. Grounds of appeal taken by the assessee read as under :- “1. The Assessing Officer has erred ... NFAC) has compounded the error by confirming the action of the Assessing Officer limiting the value of the deduction to Rs. 65.45 Lakh only i.e. by not allowing Rs. 23.50 Lakh which was paid by Assessee for putting the house in habitable condition under section 54 of the Income

Progressive Alloys(India) Pvt.Ltd., Delhi vs. ITO, Ward 20(1), Delhi

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

ITA 3510/DEL/2023[2012-2013]Status: DisposedITAT Delhi12 Jul 2024AY 2012-2013

Bench: Shri Shamim Yahyaprogressive Alloys (India) Pvt. Ltd., Vs. Ito, Ward 20 (1), 307, Express Tower, N.S. Mandi, Delhi. North West Delhi, Delhi – 110 033. (Pan : Aagcp1584M) (Appellant) (Respondent) Assessee By : Shri Deepanshu Singla, Advocate Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 08.07.2024 Date Of Order : 12.07.2024 Order This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)/National Faceless Appeal Centre (Nfac) Dated 30.07.2023 For The Assessment Year 2012-13. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. That Under The Facts & Circumstances Of The Case, The Impugned Order Dated 02.08.2023 Passed U/S 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act"), Generated Vide Din: Itbainfac/S/250/2023-24/054820030(1), Dismissing The Grounds Of Appeal & Determining The Total Income At Rs.8,53,03,474/- In Place Of Returned Income As Returned By The Assessee Is Bad In Law On Account Of Several Grounds & Assessee/Appellant Denies Its Liability To Be Assessed For Any Income Other Than The Income Already Returned By The Assessee & The Consequential Demand Of Rs.4,61,05,193/-.

For Appellant: Shri Deepanshu Singla, AdvocateFor Respondent: Shri Om Prakash, Sr. DR
Section 143Section 147oSection 148Section 250

Date of Order : 12.07.2024 ORDER This appeal by the assessee is directed against the order of the ld. CIT (Appeals)/National Faceless Appeal Centre (NFAC) dated 30.07.2023 for the assessment year 2012-13. 2. Grounds of appeal taken by the assessee read as under :- “1. That under the facts

Tukaram Mahadev Suryavanshi, Mumbai vs. Income Tax Office, Ward 4(5), Pune

In the result, the appeal filed by the assessee stands dismissed

ITA 785/PUN/2024[2020-21]Status: DisposedITAT Pune11 Jul 2024AY 2020-21

Bench: Shri Inturi Rama Rao & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.785/Pun/2024 िनधा"रण वष" / Assessment Year : 2020-21 Tukaram Mahadev Vs. Ito, Ward-4(5), Pune. Suryavanshi, 210 Ruby Industrial Premises Soc. Ltd., Chincholi Bandar, Mindspace, Malad West, Mumbai- 400064. Pan : Afops1105F Appellant Respondent Assessee By : Shri Anil Topiwala Revenue By : Shri Akhilesh Srivastava Date Of Hearing : 01.07.2024 Date Of Pronouncement : 11.07.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.03.2024 Passed By Ld Addl./Jacit(A), Kanpur For The Assessment Year 2020-21. 2. The Appellant Raised The Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case & In Law, The Learned Addl/Jcit(A) Kanpur-Nfac Has Erred In Confirming The Learned Assistant Director Of Income-Tax Cpc- Bangalore Order Disallowing The Sum Of Rs. 55,10,270/- U/S 36 (1)(Va) Of The Income-Tax Act, 1961 Being Employees Contribution To Provident Fund & Esic As Per Tax Audit Report Deposited

For Appellant: Shri Anil TopiwalaFor Respondent: Shri Akhilesh Srivastava
Section 143(1)Section 36Section 36(1)(va)

following grounds of appeal :- “1. On the facts and in the circumstances of the case and in law, the learned ADDL/JCIT(A) KANPUR-NFAC has erred in confirming the learned Assistant Director of Income-Tax CPC- Bangalore order disallowing ... filing of Income-tax return. 2. On the facts and in the circumstances of the case and in law, the learned ADDL/JCIT(A) KANPUR-NFAC has erred in confirming the learned Assistant Director of Income-Tax CPC- Bangalore in disallowing Rs.55,10,270/- as per Tax Audit Report being employees

Manchaiah Shivalingaiah, Bengaluru vs. Income Tax Officer Ward 1(2)(5), Bengaluru

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

ITA 944/BANG/2024[2017-18]Status: DisposedITAT Bangalore11 Jul 2024AY 2017-18

Bench: Shri Laxmi Prasad Sahu & Shri Keshav Dubeymanchaiah Shivalingaiah The Income Tax Officer No. 365/Ss, 1St Main, 2Nd Cross Ward - 1(2)(5) 3Rd Phase, Manjunath Nagar Vs. Bmtc Building, 80 Ft. Road Rajajinagar, Bengaluru 560010 Koramangala Pan – Bosps6014P Bengaluru 560095 (Appellant) (Respondent) Assessee By: Shri Likith Patel, M.K., Advocate Revenue By: Shri Ganesh R. Gahle, Standing Counsel Date Of Hearing: 19.05.2024 Date Of Pronouncement: 11.07.2024 O R D E R Per: Keshav Dubey, J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi / Cit(A) Vide Din & Order No. Itba/Nfac/S/250/2023-24/1062552904(1) Dated 13.03.2024 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) For Assessment Year (Ay) 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. On The Fact & Circumstances Of The Case, The Learned Cit(A) Erred In Upholding The Order Of The Assessing Officer, In The Manner In Which He Did. 2. On The Facts & Circumstances Of The Case, The Learned Cit(A) Erred In Providing Sufficient Opportunity To The Appellant To Put Forth The Submissions Of The Appellant.

For Appellant: Shri Likith Patel, M.K., AdvocateFor Respondent: Shri Ganesh R. Gahle, Standing Counsel
Section 143(2)Section 144Section 250Section 69

IN THE INCOME TAX APPELLATE TRIBUNAL BENGALURU “B” BENCH, BENGALURU Before Shri Laxmi Prasad Sahu, Accountant Member and Shri Keshav

Shri. Naagesh Kanaiyalal Thakkar, Dharawad vs. Income Tax Officer, Ward-2(1), Hubli

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

ITA 550/BANG/2024[2015-16]Status: DisposedITAT Bangalore11 Jul 2024AY 2015-16

Bench: Shri Chandra Poojari & Shri Keshav Dubeynagesh Kanaiyalal Thakkar The Income Tax Officer Lovely Sweets, Baradan Saal Ward - 2(1), Hubli Hubli Sarafkatta S.O. Vs. Hubli 580020 Pan – Aaupt7785P (Appellant) (Respondent) Assessee By: Shri Vinay K. Kulkarni, Ca Revenue By: Shri Guru Kumar S. Addl Cit-Dr Date Of Hearing: 28.05.2024 Date Of Pronouncement: 11.07.2024 O R D E R Per: Keshav Dubey, J.M. This Appeal At The Instance Of The Assessee Is Directed Against Din & Order No. Itba/Nfac/S/250/2023-24/1060678544(1) Dated 08.02.2024 Passed By The National Faceless Appeal Centre, Delhi / Cit(A) Under Section 250 Of The Income Tax Act, 1961 (The Act) For Assessment Year (Ay) 2015-16. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. The Learned Commissioner Of Income Tax (Appeals) Confirmed The Additions Made Under Section 56(2)(Vii) Which Is Against The Facts. 2. The Addition Confirmed Is Against The Provisions Of The Income Tax Act 3. The Beneficial Provision Is Read In A Too Rigid Way So As To Deny The Benefit Conferred By The Income Tax Act.

For Appellant: Shri Vinay K. Kulkarni, CAFor Respondent: Shri Guru Kumar S. Addl CIT-DR
Section 147Section 148Section 250Section 56(2)(Vii)Section 56(2)(vii)

IN THE INCOME TAX APPELLATE TRIBUNAL BENGALURU “A” BENCH, BENGALURU Before Shri Chandra Poojari, Accountant Member and Shri Keshav Dubey