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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

Samast Hanuman Bhakt Gau Sewa Dham Trust, Delhi vs. ITO Ward Exemp 2(1), Delhi

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

ITA 4773/DEL/2025[2018-19]Status: DisposedITAT Delhi27 Jan 2026AY 2018-19

Bench: Shri Anubhav Sharma, Judical Member & Shri Manish Agarwalsamast Hanuman Bhakt Gau Income Tax Officer, Sewa Dham Trust, Ward-Exemption 2(1), B-97, Wazirpur Industries, Vs. Delhi. New Delhi-110052 Pan-Aaots5304B (Appellant) (Respondent) Assessee By Sh. Mani Bhadra Jain, Adv. Department By Ms. Indu Bala Saini, Sr. Dr Date Of Hearing 20.01.2026 Date Of Pronouncement 27.01.2026 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A), In Short] Dated 05.06.2025 Arising Out Of The Order Passed U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) Dated 23.03.2021 For Assessment Year 2018-19. 2. At The Outset, From The Perusal Of The Orders Of Ld. Cit(A), It Is Seen That The Ld. Cit(A) Has Passed The Impugned Orders Ex-Parte As The Assessee Has Not Filed Any Reply Despite Of Providing Four Opportunities To File The Submissions. Thus The Ld. Cit(A) Dismissed The Appeal Filed By The Assessee, Confirming The Additions Made Dham Trust Vs. Ito By The Ao. The Assessee Has Challenged The Orders Of Cit(A) For Not Providing Reasonable Opportunities Of Being Heard.

Section 143(3)

AGARWAL, AM: This appeal is filed by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A), in short] dated 05.06.2025 arising out of the order passed u/s 143(3) of the Income Tax Act, 1961 (hereinafter referred