← All Phrases

“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

M/S. Karnataka Power Transmiss, Raichur vs. Income Tax Officer, Ward-1, Raichur

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

ITA 994/BANG/2024[2020-21]Status: DisposedITAT Bangalore24 Jun 2024AY 2020-21

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadavassessment Years : 2020-21 M/S Karnataka Power Transmiss, Vs. The Income Tax Officer, Ward – 1, 71-71, Kptcl Employee Co-Op. Power Raichur. House, Station Road, Raichur – 584 102. Pan – Aaaak 4223 F Appellant Respondent Assessee By : Smt. Sunaiana Bhatia, C.A Revenue By : Shri Ganesh R Gale, Standing Counsel For Department Date Of Hearing : 20.06.2024 Date Of Pronouncement : 24.06.2024 O R D E R Per Shri Prakash Chand Yadavthe Present Appeal Of The Assessee Is Arising From The Order Passed By The Nfac, Delhi Dated 29/04/2024 In Din No. Itba/Nfac/S/ 250/2024-25/1064431034(1) For The Assessment Year 2020-21. 2. The Assessee Is Cooperative Society Registered Under The Karnataka State Co-Operative Society’S Act 1959. The Society Is Engaged In The Activity Of Carrying Of Business Of Providing Credit Facilities To Its Members. It Filed Its Return Of Income On 24/09/2020 Declaring Nil Income. The Case Of The Assessee Was Selected For Scrutiny After Issuing Statutory Notices. During The Course Of Assessment Proceedings, Page 2 Of 4 The Ao Observed That The Assessee Has Earned Interest Income Received From Cooperative Institutions Amounting To Rs.10,12,973/- & Dividend Income Of Rs.1,13,240/-. The Ao Relying On The Judgment Of Dcit Vs. Totagars Co-Operative Society Ltd, Has Held That Assessee Is Not Entitled For Deduction On The Amounts Of Interest Income As Well As Dividend Income. Accordingly, The Ao Assessed That Income Under The Head ‘Income From Other Sources’ & Made An Addition Of Rs 11,86,369/-.

For Appellant: Smt. Sunaiana Bhatia, C.AFor Respondent: Shri Ganesh R Gale, Standing Counsel for Department
Section 250(6)Section 57Section 80P(2)(a)Section 80P(2)(d)

SHRI PRAKASH CHAND YADAV, JUDICIAL MEMBER The present appeal of the assessee is arising from the order passed by the NFAC, Delhi dated 29/04/2024 in DIN No. ITBA/NFAC/S/ 250/2024-25/1064431034(1) for the assessment year 2020-21. 2. The assessee is cooperative society registered under the Karnataka State Co-operative Society

Sri Lakshmi Multipurpose Cooperative Society Ltd, Udupi vs. ITO Ward - 1 and Tps, Udupi

In the result, the appeal filed by the assessee is allowed

ITA 935/BANG/2024[2016-17]Status: DisposedITAT Bangalore24 Jun 2024AY 2016-17

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadavassessment Years : 2016-17 Sri Lakshmi Multipurpose Co-Operative Vs. The Income Tax Officer, Society Ltd., Ward – 1&Tps, Udupi. Floor-1, Srihari Tower, Kanakadasa Road, Udupi-576 101. Pan – Aakcs 4571 M Appellant Respondent Assessee By : Shri Ravindra Poojary, Advocate Revenue By : Shri Ganesh R Gale, Standing Counsel For Department Date Of Hearing : 20.06.2024 Date Of Pronouncement : 24 .06.2024 O R D E R Per Shri Prakash Chand Yadavinstant Appeal Of The Assessee Is Arising From The Order Passed By The Nfac, Delhi Dated 22/03/2024 In Din No. Itba/Nfac/S/ 250/2023- 24/1063170077(1) For The Assessment Year 2016-17. 2. Assessee A Cooperative Society, Could Not File Its Return Of Income For The Impugned Assessment Year. Thereafter, On The Basis Of An Information, Revealing That Assessee Has Deposited An Amount Of Rs.4,24,10,051, Ao Issued Notice U/S 148A To The Assessee. The Ao, Page 2 Of 4 While Framing The Assessment, Observed That The Assessee Is Not Qualified For Deduction U/S 80P(2)(A)(I) Of The Act, Relying Upon The Judgment Of Hon’Ble Apex Court In The Case Of Citizen Co-Operative Society Reported In 397 The Ao Framed The Assessment & Made An Addition Of Rs.48,53,282/-.

For Appellant: Shri Ravindra Poojary, AdvocateFor Respondent: Shri Ganesh R Gale, Standing Counsel for Department
Section 148Section 148ASection 149Section 149(1)(b)Section 80P(2)(a)

SHRI PRAKASH CHAND YADAV, JUDICIAL MEMBER Instant appeal of the assessee is arising from the order passed by the NFAC, Delhi dated 22/03/2024 in DIN No. ITBA/NFAC/S/ 250/2023- 24/1063170077(1) for the assessment year 2016-17. 2. Assessee a cooperative society, could not file its return of income

Dn Solutions (India) Private Limited, Bangalore vs. The Income Tax Officer, Ward 2(1)(3), Bangalore

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

ITA 439/BANG/2024[2017-18]Status: DisposedITAT Bangalore24 Jun 2024AY 2017-18

Bench: Shri Chandra Poojari & Shri Prakash Chand Yadavassessment Years : 2017-18 Dn Solutions (India) Private Limited, Vs. The Income Tax Officer, Ward – 2(1)(3), No.82, Jakkur Village, Yelahanka, Bangalore. Hobli Bangalore-560 064. Pan – Aafcd 7715 F Appellant Respondent Assessee By : Shri Ashik Shah & Sri Vinay Jain, Cas Revenue By : Shri Neha Sahay, Addl. Cit (Dr) Date Of Hearing : 20.06.2024 Date Of Pronouncement : 24.06.2024 O R D E R Per Shri Prakash Chand Yadavthe Present Appeal Of The Assessee Is Arising From The Order Passed By The Nfac, Delhi Dated 17/01/2024 In Din No. Itba/Nfac/S/ 250/2023-24/1059828155(1) For The Assessment Year 2017-18. 2. The Assessee, M/S Dn Solution India Private Limited Formerly Known As Doosan Machine Tools India Private Limited Is A Company Incorporated On July 05, 2016 & Is Engaged In The Business Of Trading In Parts & Spares Used In Machine Tools & Other Business Support Service Activities. 3. The Assessee Fled Its Return Of Income For Year Under Consideration On 29/11/2017 Declaring An Income Of Rs.18,58,390/-. The Case Of The Assessee Was Selected For Scrutiny After Issuing Page 2 Of 8 Statutory Notices. During The Course Of Assessment Proceedings, The Ao Made 4 Additions Mentioned As Under:-

For Appellant: Shri Ashik Shah & Sri Vinay Jain, CAsFor Respondent: Shri Neha Sahay, Addl. CIT (DR)

SHRI PRAKASH CHAND YADAV, JUDICIAL MEMBER The present appeal of the assessee is arising from the order passed by the NFAC, Delhi dated 17/01/2024 in DIN No. ITBA/NFAC/S/ 250/2023-24/1059828155(1) for the assessment year 2017-18. 2. The assessee, M/s DN Solution India Private Limited formerly known as Doosan Machine