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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

Kapil Deo Tripathi, Lucknow vs. DCIT Circle-4 Lucknow, Lucknow

ITA 231/LKW/2023[2016-2017]Status: DisposedITAT Lucknow24 Jun 2024AY 2016-2017

Bench: Hon’Ble Shri G. D. Padmahshali & Shri Subhash Malguriaआयकर अपील सं. / Ita No.231/Lkw/2023 निर्धारण वर्ा / Assessment Year : 2016-17 Kapil Dev Tripathi C-2395, Raja Ji Puram, Lucknow, Up-226017 Pan: Abzpt7328G . . . . . . . अपीलार्थी / Appellant बिधम / V/S. Asstt Commissioner Of Income Tax Acit/Dcit-4, Lucknow . . . . . . . प्रत्यर्थी / Respondent द्वधरध / Appearances Assessee By : Mr Prashant Kr. Verma [‘Ld. Ar’] Revenue By : Mr Sunil Kumar Rajwanshi [‘Ld. Dr’] सुनवाई की तारीख / Date Of Conclusive Hearing : 24/06/2024 घोषणा की तारीख / Date Of Pronouncement : 24/06/2024 आदेश / Order Per G. D. Padmahshali, Am; Against The Ex-Parte Din & Order Itba/Nfac/S/250/2023- 24/1053079897(1) Dt. 23/05/2023 Passed U/S 250 Of The Act By The National Faceless Appeal Centre, Delhi [‘Nfac/ Cit(A)’ Hereinafter] The Assessee Came In Appeal U/S 253(1)(A) Of The Income Tax Act [‘The Act’ Hereinafter].

For Appellant: Mr Prashant Kr. Verma [‘Ld. AR’]For Respondent: Mr Sunil Kumar Rajwanshi [‘Ld. DR’]
Section 250Section 250(6)Section 251Section 251(1)(a)Section 253(1)(a)Section 37(1)Section 40

Against the ex-parte DIN & Order ITBA/NFAC/S/250/2023- 24/1053079897(1) dt. 23/05/2023 passed u/s 250 of the Act by the National Faceless Appeal Centre, Delhi [‘NFAC/ CIT(A)’ hereinafter] the assessee came in appeal u/s 253(1)(a) of the Income Tax Act [‘the Act’ hereinafter]. 2. At the outset ... ACIT ITA No.231/LKW/2023 AY: 2016-17 his case on merits by adducing requisite material in support of grounds of appeal raised before the Ld. NFAC. Per contra the Ld. DR Mr Sharma vehemently objecting the remand request argued that, during assessment proceedings the assessee was accorded with not less than

Junnar Taluka Audyogic Sahakari Vasahat Ltd, Junnar vs. ITO, Ward 10(5), Pune

In the result, appeal of the assessee is allowed

ITA 904/PUN/2024[2016-17]Status: DisposedITAT Pune24 Jun 2024AY 2016-17

Bench: Dr. Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.904/Pun/2024 िनधा"रण वष" / Assessment Year : 2016-17 Junnar Taluka Audyogic V The Income Tax Officer, Sahakari Vasahat Ltd., S Ward-10(5), Pune. A.P.Kandali Narayangaon, Nashikroad, Tal: Junnar Kandali, Pune- 410504. Pan: Aabaj1277E Appellant / Assessee Respondent / Revenue Assessee By None. Revenue By Shri Rajesh Gawali – Addl.Cit(Dr) Date Of Hearing 20/06/2024 Date Of Pronouncement 24/06/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], U/Sec.250 Of The Act Dated 13.03.2024. The Assessee Has Raised Following Grounds Of Appeal : “On Issue Of Addition Of Rs.29,96,106/- U/S 80P(2)(D) Of Income Tax Act : 1. On The Facts & In The Circumstances Of The Case & In Law The Learned Commissioner Of Appeals Erred In Sustaining Addition Of Junnar Taluka Audyogic Sahakari Vasahat Ltd., [A]

Section 250Section 80PSection 80P(2)(d)

ORDER PER DR. DIPAK P. RIPOTE, AM: This is an appeal filed by the Assessee against the order of ld.Commissioner of Income Tax(Appeal)[NFAC], u/sec.250 of the Act dated 13.03.2024. The Assessee has raised following grounds of appeal : “ON ISSUE OF ADDITION OF RS.29

Electronet Equipments Pvt Ltd, Pune vs. Deputy Commissioner of Income Tax Circle 1(1), Pune

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

ITA 886/PUN/2024[2021-22]Status: DisposedITAT Pune24 Jun 2024AY 2021-22

Bench: Dr. Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.886/Pun/2024 िनधा"रण वष" / Assessment Year : 2021-22 Electronet Equipments Pvt. V The Dcit, Ltd., S Circle-1(1), Pune. R.H.No.10, Konark Angan, Bibewadi, Pune – 411037. Pan: Aabce2486N Appellant / Assessee Respondent / Revenue Assessee By Shri Sarvesh Khandelwal – Ar Revenue By Shri Rajesh Gawali – Addl.Cit(Dr) Date Of Hearing 20/06/2024 Date Of Pronouncement 24/06/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Under Section 250 Of The Act Dated 29.02.2024 For The A.Y.2021-22 Emanating From The Order U/Sec.143(1) Of The Act Dated 24.08.2022. The Assessee Has Raised The Following Grounds Of Appeal: “1. On Facts & Circumstances Prevailing In The Case & As Per The Provisions Of The Act It Be Held That The Appellate Order Passed By The Cit Appeals, Addl/Jcit(A), Jodhpur Is Perverse, Without Considering The Additional Ground Raised By The Assessee Company & Without Understanding The Facts Prevailing In The Case & Electronet Equipments Private Limited [A]

Section 143(1)Section 250Section 43

आदेश/ ORDER PER DR. DIPAK P. RIPOTE, AM: This appeal filed by the assessee is against the order of ld.Commissioner of Income Tax(Appeal)[NFAC], under section 250 of the Act dated 29.02.2024 for the A.Y.2021-22 emanating from the order u/sec.143(1) of the Act dated 24.08.2022. The assessee

Shri Kadu Satwaji Gaikwad, Aurangabad vs. ITO, Ward-1(4), Aurangabad

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

ITA 846/PUN/2024[2011-12]Status: DisposedITAT Pune24 Jun 2024AY 2011-12

Bench: Shri Dr. Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.846/Pun/2024 िनधा"रण वष" / Assessment Year : 2011-12 Shri Kadu Satwaji Gaikwad, Vs. Ito, Ward-1(4), Ns 1/14, 11Th Scheme, Near Aurangabad. Foster B. Ed College, Shivaji Nagar, Aurangabad- 431001. Pan : Ailpg9644D Appellant Respondent Assessee By : None Revenue By : Shri Rajesh Gawali Date Of Hearing : 18.06.2024 Date Of Pronouncement : 24.06.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 22.02.2024 Passed By Ld Addl./Jcit(A), Agra For The Assessment Year 2011-12. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & Circumstances Of The Case, The Learned Commissioner Of Appeal Addl/Jict(A)Agra Erred In Confirming The Addition Of Rs 10,40,000/— Without Considering The Material On Record Available In The First Appeal Proceeding. The Appeal Has Been Wrongly Dismissed, Which Is Not Justifiable & Is Liable To Be Set Aside By The Kind Of Interference Of This Hon’Ble Appellate Authority.

For Appellant: NoneFor Respondent: Shri Rajesh Gawali
Section 142(1)Section 143(3)Section 148

unwarranted illegal & bad in law. It was further submitted by LD AR of the assessee that prior to the appeal was transferred to the NFAC & thereafter to ld. Addl./JCIT(A) Agra, notices were issued by ld. CIT(A), Aurangabad and the assessee, in compliance of the said notices ... mean time the Faceless Appeal Scheme was introduced by the CBDT and the appeal was transferred from ld. CIT(A), Aurangabad to NFAC & thereafter to ld. Addl./JCIT(A), Agra. It was further submitted by the counsel of the assessee that it is apparent from the order of ld. Addl

Sudhir Yashwant Kadam, Ratnagiri vs. The Income Tax Officer, Ward-1, Ratnagiri

ITA 767/PUN/2024[2012-13]Status: DisposedITAT Pune24 Jun 2024AY 2012-13

Bench: Dr. Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.767/Pun/2024 िनधा"रण वष" / Assessment Year : 2012-13 Sudhir Yashwant Kadam, V The Income Tax Officer, H.No.127, Bahutule Wadi, S Ward-1, Ratnagiri. Mavlange, Ratnagiri, Maharashtra – 415616. Pan: Abfpk2131A Appellant / Assessee Respondent / Revenue Assessee By None. Revenue By Shri Rajesh Gawali – Addl.Cit(Dr) Date Of Hearing 19/06/2024 Date Of Pronouncement 24/06/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Delhi U/Sec.250 Of The Act Dated 16.02.2024. The Assessee Has Raised Following Grounds Of Appeal : “1. On The Facts & Circumstances Of The Case & In Law The Cit(A), Nfac Erred In Confirming The Addition Made By The Ito Of Rs.13,47,713/- Representing The Total Of Cash Deposits In The Bank Account, Ignoring Submission Of The Appellant That: A. The Source Of The Cash Deposit Being Out Of His Business Turnover No Addition Is Sudhir Yashwant Kadam [A]

Section 246ASection 250Section 250(4)Section 250(6)Section 251Section 251(1)(a)Section 251(2)

ORDER PER DR. DIPAK P. RIPOTE, AM: This is an appeal filed by the Assessee against the order of ld.Commissioner of Income Tax(Appeal)[NFAC], Delhi u/sec.250 of the Act dated 16.02.2024. The Assessee has raised following grounds of appeal : “1. On the facts and circumstances of the case ... NFAC erred in confirming the addition made by the ITO of Rs.13,47,713/- representing the total of cash deposits in the Bank Account, ignoring submission of the appellant that: a. The source of the cash deposit being out of his business turnover no addition is Sudhir Yashwant Kadam

Sujata Suresh Nikam, Kalamboli Panvel vs. Income Tax Officer Ward -5 Panvel, Panvel

ITA 474/PUN/2024[2013-14]Status: DisposedITAT Pune24 Jun 2024AY 2013-14

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.474/Pun/2024 िनधा"रण वष" / Assessment Year : 2013-14 Sujata Suresh Nikam, V The Income Tax Officer, Kl 4/10/3, Sector 4E, S Ward-5, Panvel. Kalamboli, Maharashtra – 410218. Pan: Abspn5521A Appellant / Assessee Respondent / Revenue Assessee By Shri Rajendra Kadrekar – Ar Revenue By Shri Sourabh Nayak – Addl.Cit(Dr) Date Of Hearing 19/06/2024 Date Of Pronouncement 24/06/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 Dated 27.06.2023. The Assessee Has Raised The Following Grounds Of Appeal : “1. On The Facts & Circumstances Of The Case & In Law, The Commissioner Of Income Tax(Appeals) – Nfac Has Erred In Confirming Order Imposing Penalty U/S 271B Of The Act Passed By The Income Tax Officer, Ward-5, Panvel. 2. On The Facts & Circumstances Of The Case & In Law, The Ld.Commissioner Of Income Tax(Appeals) Has Failed To Consider The Sujata Suresh Nikam [A]

Section 246ASection 250Section 250(4)Section 250(6)Section 251Section 251(1)(a)Section 251(2)Section 271B

24/06/2024 आदेश/ ORDER PER DR. DIPAK P. RIPOTE, AM: This appeal filed by the Assessee against the order of Ld.Commissioner of Income Tax(Appeals)[NFAC], passed under section 250 of the Income Tax Act, 1961 dated 27.06.2023. The Assessee has raised the following grounds of appeal : “1. On the facts ... circumstances of the case and in law, the Commissioner of Income Tax(Appeals) – NFAC has erred in confirming Order imposing Penalty u/s 271B of the Act passed by the Income Tax Officer, Ward-5, Panvel. 2. On the facts and circumstances of the case and in law, the Ld.Commissioner

Shaikh Ayub Shaikh Mahebub Qureshi, Parbhani vs. Income Tax Officer, Ward, Parbhani

ITA 396/PUN/2024[2017-18]Status: DisposedITAT Pune24 Jun 2024AY 2017-18

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.396/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Shaikh Ayub Shaikh Mahebub V The Income Tax Officer, Qureshi, S Ward, Parbhani. Khureshi Traders, Khureshi Mohala, Purna, Parbhani, Maharashtra – 431511. Pan: Bkjpk1916R Appellant / Assessee Respondent / Revenue Assessee By Mrs. M.N.Kulkarani – Ar Revenue By Shri Sourabh Nayak – Addl.Cit(Dr) Date Of Hearing 18/06/2024 Date Of Pronouncement 24/06/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 Dated 04.01.2024. The Assessee Has Raised The Following Grounds Of Appeal : “1. Cit(A) Has Erred In Dismissing Appellant’S Appeal Alleging ‘Unexplained Cash Deposit In The Bank Account' In Para 5.2. Appellant Prays For Allowing Assessee'S Appeal Cancelling Addition Made By Assessing Officer As Issue Before Cit[A] Is Income Assessed Estimating Profit. Shaik Ayub Shaikh Mahebub Qureshi [A]

Section 234Section 246ASection 250Section 250(4)Section 250(6)Section 251Section 251(1)(a)

24/06/2024 आदेश/ ORDER PER DR. DIPAK P. RIPOTE, AM: This appeal filed by the Assessee against the order of Ld.Commissioner of Income Tax(Appeals)[NFAC], passed under section 250 of the Income Tax Act, 1961 dated 04.01.2024. The Assessee has raised the following grounds of appeal ... assessee. Submission of ld.Departmental Representative(ld.DR) : 3. The ld.DR for the Revenue relied on the order of Assessing Officer(AO) and ld.CIT(A)[NFAC]. Findings & Analysis : 4. We have heard both the parties and perused the records. It is observed from the order of the ld.CIT(A)[NFAC] that