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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

Income Tax Officer, Ward-3(1)(1), Ahmedabad. vs. Gulamnabi Nuramahmadbhai Momin, Ahmedabad

In the result, the appeal of the Revenue stands dismissed

ITA 362/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad10 Jul 2024AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member आयकर अपील सं /Ita No.362/Ahd/2024 "नधा"रण वष" /Assessment Year : 2017-18 The Income Tax Officer Gulamnabi Nuramahmadbhai बनाम/ Ward-3(1)(1) Momin Ahmedabad Plot No.524A V/S. Opp.Adarsh Hospital Nr.Telav Sheala Cross Road At Telav Sanand Ahmedabad 382 110 (Gujarat) "थायी लेखा सं./Pan: अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Prakash D. Shah & Shri Saiyam V. Shah, Ars Revenue By : Shri Sudhakar Verma, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 02/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 10/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal By The Revenue Arises Against The Order Of The Ld.Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Nfac) [Hereinafter Referred To As “The Ld.Cit(A)”] Dated 29-12-2023, For The Assessment Year (Ay) 2017-18, Wherein The Ld.Cit(A) Partly Allowed The Appeal Deleting Additions Made By The Assessing Officer Ito Vs. Gulamnabi Nuramahmadbhai Momin Asst. Year : 2017-18

For Appellant: Shri Prakash D. Shah &For Respondent: Shri Sudhakar Verma, Sr.DR
Section 115BSection 143(2)Section 143(3)Section 68

MAHADEOKAR, AM: This appeal by the Revenue arises against the order of the Ld.Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (NFAC) [hereinafter referred to as “the Ld.CIT(A)”] dated 29-12-2023, for the Assessment Year (AY) 2017-18, wherein the Ld.CIT(A) partly allowed the appeal ... अपीलाथ" / The Appellant 2. ""यथ" / The Respondent. 3. संबं"धत आयकर आयु"त / Concerned CIT 4. आयकर आयु"त ( अपील ) / The CIT(A) - (NFAC), Delhi 5. "वभागीय ""त"न"ध , आयकर अपील"य अ"धकरण , राजोकट/DR,ITAT, Ahmedabad, 6. गाड" फाईल /Guard file. आदेशानुसार/ BY ORDER, स"या"पत

Tarun Santramdas Varma, Ahmedabad vs. The Asstt. Commissioner of Income Tax, Circle-4(1)(1), Ahmedabad

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

ITA 852/AHD/2023[2015-16]Status: DisposedITAT Ahmedabad10 Jul 2024AY 2015-16

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member आयकर अपील सं /Ita No.852/Ahd/2023 "नधा"रण वष" /Assessment Year : 2015-16 Tarun Santramdas Varma The Asst.Cit बनाम/ 307-308, Sarthik Square Circle 4 (1)(1) Nr. New Us Pizz, Ahmedabad V/S. Sg Highway Ahmedabad – 380 054 (Gujarat) "थायी लेखा सं./Pan: Aaipv 6427 C अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Parimal Sinh B. Parmar, Ar Revenue By : Shri Sudhakar Verma, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 02/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 10/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Preferred By The Assessee Against The Order Of The Ld.Commissioner Of Income Tax (Hereinafter Referred To As “The Ld.Cit(A)”), National Faceless Appeal Centre (Nfac), Delhi, Dated 29-8-2023 Pertaining To The Assessment Year (Ay) 2015-16, Arising From The Assessment Order Passed By The Assessing Officer (Hereinafter Referred To As Tarun Satramdas Varma Vs. Acit Asst. Year : 2015-16

For Appellant: Shri Parimal Sinh B. Parmar, ARFor Respondent: Shri Sudhakar Verma, Sr.DR
Section 142(1)Section 143(2)Section 143(3)Section 68

preferred by the Assessee against the order of the Ld.Commissioner of Income Tax (hereinafter referred to as “the Ld.CIT(A)”), National Faceless Appeal Centre (NFAC), Delhi, dated 29-8-2023 pertaining to the Assessment Year (AY) 2015-16, arising from the assessment order passed by the Assessing Officer (hereinafter referred ... made, the assessee preferred an appeal before the Commissioner of Income Tax (Appeals) Ahmedabad–8, which was heard and decided by the Ld.CIT(A) NFAC. 3.1. During the course of appellate proceedings, the Ld.CIT(A)-NFAC issued multiple notices on 08.03.2019, 05.07.2019, 30.12.2020, and 07.07.2023 to the assessee. The Ld.CIT

Dy.Commissioner of Income Tax Circle-1 Nasshik, Nashik vs. Harsh Constructions Private Limited, Nashik

In the result, the appeal filed by the Revenue is dismissed

ITA 302/PUN/2024[2014-15]Status: DisposedITAT Pune10 Jul 2024AY 2014-15

Bench: Shri R. K. Panda & Ms Astha Chandraassessment Year : 2014-15 Dcit, Circle – 1, Harsh Constructions Pvt. Ltd. Nashik Sanskruti, Murkute Colony, Vs. New Pandit Colony, Sharanpur Road, Nashik – 422002 Pan: Aacch2277H (Appellant) (Respondent) Assessee By : Shri Dhiraj S. Dandgaval Department By : Shri Ramnath P Murkunde Date Of Hearing : 03-07-2024 Date Of Pronouncement : 10-07-2024 O R D E R Per R.K. Panda, Vp : This Appeal Filed By The Revenue Is Directed Against The Order Dated 20.12.2023 Of The Cit(A) / Nfac, Delhi Relating To Assessment Year 2014-15. 2. The Revenue In The Grounds Of Appeal Has Challenged The Order Of The Ld. Cit(A) In Restricting The Disallowance To Rs.2,24,191/- As Against Rs.1,25,51,607/- Proposed By The Assessing Officer In The Remand Report As Against Rs.4,38,96,880/- Added By Him In The Order Passed U/S.143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’).

For Appellant: Shri Dhiraj S. DandgavalFor Respondent: Shri Ramnath P Murkunde
Section 133Section 133(5)Section 133(6)Section 143(2)Section 143(3)

PANDA, VP : This appeal filed by the Revenue is directed against the order dated 20.12.2023 of the CIT(A) / NFAC, Delhi relating to assessment year 2014-15. 2. The Revenue in the grounds of appeal has challenged the order of the ld. CIT(A) in restricting the disallowance to Rs.2 ... balance of various sub contractor and addition of Rs.4,38,96,8887- is accordingly deleted.” 5. Aggrieved with such order of CIT(A) / NFAC, the assessee is in appeal before the Tribunal. 6. We have heard the rival arguments made by both the sides, perused the orders of the Assessing

Dr. Vikas Jagannath Pol, Pune vs. Income Tax Officer Ward 11(2), Pune

In the result the appellant gets relief of Rs

ITA 831/PUN/2022[2014-2015]Status: DisposedITAT Pune10 Jul 2024AY 2014-2015

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.831/Pun/2022 िनधा"रण वष" / Assessment Year: 2014-15 Dr. Vikas Jagannath Pol, Vs. Ito, Ward-11(2), Pune. A/1/4 Rangriha Chs Salunkhe Vihar Road, Kondhwa-411048. Pan : Agipp7216P Appellant Respondent Assessee By Shri Kishor B. Phadke : Revenue By : Shri Sourabh Nayak Date Of Hearing : 26.06.2024 Date Of Pronouncement : 10.07.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 21.09.20222 Passed By Ld Cit(A)-11, Pune [“Ld. Cit(A)”] For The Assessment Year 2014-15. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. That The Learned Commissioner Of Income Tax (Appeals) Has Erred In Law & Facts Upholding Addition Of Unsecured Loan Of Rs.52,00,000. 2. That The Learned Commissioner Of Income Tax (Appeals] Has Erred In Law & Facts By Allowing Rectification Of Order Under Section 143(3) Under Section 154 & Upholding Addition Of Unsecured Loan Of Rs.52,00,000 Under Section 68 Of The Income Tax Act, 1961. 3. The Appellant Craves His Right To Add, Alter, Amend Or Delete Any Or All Grounds Of Appeal.”

For Respondent: Shri Sourabh Nayak
Section 115BSection 143(2)Section 143(3)Section 154Section 271DSection 68

appellant is in appeal before this Tribunal in second round of appeal. 5. LD AR submitted before us that LD CIT(A)NFAC, erred in confirming the addition made by the AO u/s 68 of the IT Act regarding unsecured loan of Rs.52,00,000/-. It was further submitted that ... therefore at the end of the year total loan outstanding was only Rs.6,00,000/- but the AO as well as LD CIT(A)NFAC committed error in not allowing the claim of the assessee. LD counsel of the assessee produced copy of account & balance sheet which was produced before

Basabdutta Dutta., Bankura vs. ITO, Ward- 3(1), Kenduadihi

The appeal of the assessee stands allowed

ITA 868/KOL/2023[2014-15]Status: DisposedITAT Kolkata10 Jul 2024AY 2014-15

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.868/Kol/2023 Assessment Year: 2014-15 Basabdutta Dutta…………………..……………………....………....Appellant Kayasthapara, P.O+Dist – Bankura, Pin-722101. [Pan: Adtpd8748C] Vs. Ito, Ward-3(1), Bankura….................................................…..…..... Respondent Appearances By: Shri S. M. Surana, Advocate & D.K. Sen, Advocate, Appeared On Behalf Of The Appellant. Shri Sallong Yaden, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 13, 2024 Date Of Pronouncing The Order : July 11, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 06.07.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. For That The Ld. Cit(A)(Nfac) In Consideration Of The Facts & Circumstances Of The Case, Erred In Confirming Disallowance On Account Of Exemption Of Rs.1,65,52,344.00 Claimed U/S 54F On Return Of Income. 2. For That The Ld. Cit(A)(Nfac) In Consideration Of The Facts & Circumstances Of The Case, Is Not Justified To Confirm Addition Of Rs.7,38,588.00 Made U/S 56(2)(Vii) 3. For That The Appellant Reserves His Right To Add To, To Alter, To Amend The Grounds & To Adduce Paper & Document At The Time Of Hearing.”

Section 250Section 54FSection 56(2)(VII)

assessee in this appeal has taken the following grounds of appeal: “1. For that the ld. CIT(A)(NFAC) in consideration of the facts and circumstances of the case, erred in confirming disallowance on account of exemption of Rs.1,65,52,344.00 claimed u/s 54F on return of income ... that the ld. CIT(A)(NFAC) in consideration of the facts and circumstances of the case, is not justified to confirm addition of Rs.7,38,588.00 made u/s 56(2)(VII) 3. For that the appellant reserves his right to add to, to alter, to amend the grounds