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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

Divya Satkar Co-Op Hsg Society, Mumbai vs. Income Tax Officer Ward, -42(1)2, Mumbai

In the result, the solitary issue in this appeal covering all the 4 ground is of the appeal are allowed

ITA 4707/MUM/2023[2020-21]Status: DisposedITAT Mumbai27 Jun 2024AY 2020-21

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 4707/Mum/2023 (A.Y. 2020-21) Divya Satkar Cooperative Vs. Ito-42(1)(2) Housing Society Limited Kautilya Bhavan Gaurav Garden Complex Bandra Kurla Complex Bunder Pakhadi Road Bandra East Kandivali West Mumbai-400 051. Mumbai-400 067. Pan : Aaaad4869R (Appellant) (Respondent) Assessee By Shri Devendra Bafna Department By Shri R.R. Makwana Date Of Hearing 05.06.2024 Date Of Pronouncement 27.06.2024 O R D E R 1. This Appeal Is Filed By Divya Satkar Cooperative Housing Society Mumbai (Assessee/Appellant) For Assessment Year 2020 – 21 Against The Appellate Order Passed By National Faceless Appeal Centre Nfac), Delhi (The Learned Cit – A) Dated 2/11/2023 Wherein Appeal Filed By The Assessee Against The Rectification Order Passed Under Section 154 In Order Under Section 143 (1) Of The Income Tax Act (The Act) By Central Processing Centre, Was Dismissed. Assessee Is Aggrieved With Denial Of Deduction Under Section 80 P (2) (D) Of The Act Of ₹ 170,163 To The Appellant On Interest Income Received From Cooperative Banks. 2. Brief Facts Of The Case Shows That Assessee Filed Its Return Of Income On 28/1/2021 Claiming Deduction Under Section 80 P (2) (B) On Account Of Interest On Fixed Deposit Of ₹ 157,869/– From Shamrao Vithal Cooperative Bank Ltd & Saraswat Cooperative Bank Ltd Along With The Interest On Savings Bank Account Of ₹ 12,294 Totaling To ₹ 170,163/–. Thus Central Processing Centre While Processing The Page 1 Of 5

Section 10ASection 139Section 142Section 143Section 154Section 80

filed by Divya Satkar cooperative housing society Mumbai (assessee/appellant) for assessment year 2020 – 21 against the appellate order passed by National faceless appeal Centre NFAC), Delhi (the learned CIT – A) dated 2/11/2023 wherein appeal filed by the assessee against the rectification order passed under section 154 in order under section

Usha Janakalyan Nagar Chs Ltd, Mumbai vs. The Income Tax Officer-30(1)(1), Mumbai

In the result all three appeals filed by the assessee are allowed

ITA 4694/MUM/2023[2013-14]Status: DisposedITAT Mumbai27 Jun 2024AY 2013-14

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 4694/Mum/2023 (A.Y. 2013-14) I.T.A. No. 4696/Mum/2023 (A.Y. 2018-19) I.T.A. No. 4697/Mum/2024 (A.Y. 2019-20) Usha Janakalyan Vs. Income Tax Nagar Chs Ltd. Officer, 211, Kharodi, Marver Ward 41(3)(4) Road, Malad West Room No. 722, Mumbai-400 095. Kautilya Bhavan, C-41 To C-43, G Pan : Aaaau1039J Block, Bandra Kurla Complex, Bandra (East), Mumbai-400051 (Appellant) (Respondent) Assessee By None Department By Shri R.R. Makwana Date Of Hearing 13.06.2024 Date Of Pronouncement 27.06.2024 O R D E R 1. These Are The Three Appeals Filed By The Assessee Usha Jankalyan Nagar Cooperative Housing Society Ltd Mumbai For Assessment Year 2013 – 14, 2018 – 19 & 2019 – 20 Involving Similar Issue & Therefore As The Arguments Of The Parties Are Also Similar, Disposed Of By This Common Order. 2. Ita Number 4694/M/2023 Is Filed By The Assessee For Assessment Year 2013 – 14 Against Appellate Order Passed By The National Faceless Appeal Centre (Nfac) Delhi Dated 24/10/2023 Wherein The Appeal Filed By The Assessee Against Order Passed Under Section 154 Read With Section 143 (1) Of The Income Tax Act Dated 28/9/2018 Passed By The Ito Ward 30/1/1, Mumbai Was Dismissed. 3. The Brief Facts Of The Case Shows That The Assessee Is Aggrieved That Interest Received From Cooperative Bank Were Held To Be Not Eligible For Deduction Under Section 80 P (2) (D) Of The Act.

Section 10ASection 139Section 142Section 143Section 154Section 80

number 4694/M/2023 is filed by the assessee for assessment year 2013 – 14 against appellate order passed by the National Faceless Appeal Centre (NFAC) Delhi dated 24/10/2023 wherein the appeal filed by the assessee against order passed under section 154 read with section 143 (1) of the income tax act dated