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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

Sujan Mohinder Charitable Trust, New Delhi vs. ITO Ward 2(2) Exemption, New Delhi

In the result, assessee's appeal is allowed for statistical purposes

ITA 539/DEL/2023[2017-18]Status: DisposedITAT Delhi27 Jun 2024AY 2017-18

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaassessment Year: 2017-18 Sujan Mohinder Charitable Trust, Vs Ito, 8, Eastern Avenue, Ward 2(2) Exemption, Maharani Bagh, New Delhi. New Delhi – 110 065. Pan: Aaats7083F (Appellant) (Respondent) Assessee By : Ms Vandana Bhandari, Ca Revenue By : Shri Ravi Kant Choudhary, Sr. Dr Date Of Hearing : 10.06.2024 Date Of Pronouncement : 27.06.2024 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 30.12.2022 Of The Commissioner Of Income Tax (Appeals), Nfac (Hereinafter Referred As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeal No.Cit(A), Delhi-40/10374/2019-20 Arising Out Of The Appeal Before It Against The Order Dated 28.12.2019 Passed U/S 144 Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’), By The Ito, Exemption, Ward 2(2), New Delhi (Hereinafter Referred To As The Ld. Ao). The Assessee Is A Charitable Trust Created By A Trust Deed Dated 6Th March, 2. 1978 & Is Registered U/S 12A Of The Act. The Assessee’S Case Was Picked Up For Scrutiny & The Ao Examined The Cash Deposits Of Rs.34,53,730/- During The Demonetization Period & Further Observed That During The Relevant Assessment Year No Return Has Been Filed By The Assessee Either U/S 139 Of The Act Or In Response To Notice U/S 142(1) Of The Act. Accordingly, The Assessment Was Completed U/S 144 Of The Act Making An Addition Of Rs.1,22,87,399/- U/S 69A Of The Act On Account Of Following Show Cause Notice:-

For Appellant: Ms Vandana Bhandari, CAFor Respondent: Shri Ravi Kant Choudhary, Sr. DR
Section 10BSection 11Section 119(2)Section 12ASection 139Section 142(1)Section 144Section 69A

ORDER PER ANUBHAV SHARMA, JM: This appeal is preferred by the Assessee against the order dated 30.12.2022 of the Commissioner of Income Tax (Appeals), NFAC (hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’) in Appeal No.CIT(A), Delhi-40/10374/2019-20 arising out of the appeal before