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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

Alnavar Credit Souhardha Co-Operative Limited, Alnavar vs. Income Tax Officer, Ward-1(1), Hubli

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

ITA 926/BANG/2024[2018-19]Status: DisposedITAT Bangalore04 Jul 2024AY 2018-19

Bench: Shri Laxmi Prasad Sahu & Shri Prakash Chand Yadavalnavar Credit Souhardaha The Income Tax Officer Co-Operative Ltd. Ward - 1(1), Hubli Vs. 01, Indira Nagar, Alanvar 581103 Pan – Aadaa0459P (Appellant) (Respondent) Assessee By: Shri Sandeep Chalapathy, Ca Revenue By: Shri Ganesh R. Gale, Standing Counsel Date Of Hearing: 03.07.2024 Date Of Pronouncement: 04.07.2024 O R D E R Per: Prakash Chand Yadav, J.M. This Appeal Filed By The Assessee Challenges The Din & Order No. Itba/Nfac/S/250/2002-23/1049609204(1) Of The National Faceless Appeal Centre, Delhi (Cit(A)) Dated 10.02.2023 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) In Respect Of Assessment Year (Ay) 2018-19. 2. The Brief Facts Of The Case Are That The Assessee, A Co-Operative Society, Filed Its Return Of Income On 01.10.2018 Declaring Nil Income. The Case Of The Assessee Was Selected For Scrutiny, During The Course Of Assessment Proceedings The Ld Assessing Officer (Ao) Relying Upon The Judgement Of The Hon'Ble Supreme Court In The Case Of Totagars Co-Operative Sale Society V. Acit [2023] 188 Taxmann.Com 282 (Sc) Disallowed The Deduction In Respect

For Appellant: Shri Sandeep Chalapathy, CAFor Respondent: Shri Ganesh R. Gale, Standing Counsel
Section 250Section 250(6)

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE “C” BENCH, BANGALORE Before Shri Laxmi Prasad Sahu, Accountant Member and Shri Prakash

M/S. Gonikoppal Primary Rural Agricultural Credit So-Operative Society Limited, Kodagu vs. Income Tax Officer, Ward-1, Madikeri

ITA 1016/BANG/2024[2018-19]Status: DisposedITAT Bangalore04 Jul 2024AY 2018-19

Bench: Shri Waseem Ahmed & Shri Prakash Chand Yadavgonikoppal Primary Rural The Income Tax Officer Agricultural Credit Co-Op. Ward - 1, Madikeri Society Ltd. Vs. Main Road, Gonikoppal Virajpet Taluk, Kodagu 571213 Pan – Aaaag1109M (Appellant) (Respondent) Assessee By: Smt. Sunaiana Bhatia, Ca Revenue By: Shri Chinmay Anand Jain, Jcit-Dr Date Of Hearing: 02.07.2024 Date Of Pronouncement: 04.07.2024 O R D E R Per: Prakash Chand Yadav, J.M. This Appeal Filed By The Assessee Challenges The Din & Order No. Itba/Nfac/S/250/2004-25/1064689295(1) Of The National Faceless Appeal Centre, Delhi (Cit(A)) Dated 07.05.2024 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act) In Respect Of Assessment Year (Ay) 2018-19. 2. The Brief Facts Of The Case Are That The Assessee Is A Primary Agricultural Credit Co- Operative Society Registered Under The Karnataka State Co-Operative Societies Act, 1959 & Engaged In Providing Credit Facilities To Its Members. It Has Filed Its Return Of Income (Roi) On 13.09.2018 Declaring An Income Of Rs. 1,41,320/-. The Case Of The Assessee Was Selected For Scrutiny & Proceedings U/S. 143(3) Of The Act Were Initiated By The Assessing Officer (Ao).

For Appellant: Smt. Sunaiana Bhatia, CAFor Respondent: Shri Chinmay Anand Jain, JCIT-DR
Section 143(3)Section 250Section 80P(2)(a)

IN THE INCOME TAX APPELLATE TRIBUNAL BANGALORE “A” BENCH, BANGALORE Before Shri Waseem Ahmed, Accountant Member and Shri Prakash Chand

Anish Tandon, Delhi vs. ACIT Circle 70(1), Delhi

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

ITA 2664/DEL/2023[2020-2021]Status: DisposedITAT Delhi04 Jul 2024AY 2020-2021

Bench: Shri Shamim Yahya & Shri Sudhir Pareekanish Tandon, Vs. Acit, Circle 70(1), M-205, Greater Kailash – Ii, Delhi. Delhi – 110 048. (Pan : Aadpt5486A) (Appellant) (Respondent) Assessee By : Shri Baldev Raj, Advocate Shri Maneesh Upneja, Advocate Revenue By : Shri Kanv Bali, Sr. Dr Date Of Hearing : 02.07.2024 Date Of Order : 04.07.2024 Order Per Shamim Yahya: This Appeal By The Assessee Is Directed Against The Order Of The Ld. Cit (Appeals)/National Faceless Appeal Centre (Nfac) Dated 28.07.2023 For The Assessment Year 2020-21. 2. Grounds Of Appeal Taken By The Assessee Read As Under :- “1. That The Order Under Section 250 Passed By The Learned Commissioner Of Income Tax (Appeals) Is Bad In Law, Wrong In Facts Against Natural Justice. 2. That The Learned Commissioner Of Income Tax (Appeals) Has Erred By Not Allowing Foreign Tax Credit Despite The Fact That Tax Was Paid Overseas & Form 67 Was Filed Before The End Of The Assessment Year.”

For Appellant: Shri Baldev Raj, AdvocateFor Respondent: Shri Kanv Bali, Sr. DR
Section 139(1)Section 143(1)Section 154Section 234ASection 250Section 90(2)

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 28.07.2023 for the assessment year 2020-21. 2. Grounds of appeal taken by the assessee read as under :- “1. That the order under section