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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

Kanji Ganesh Patel HUF, Mumbai vs. Income Tax Officer, WD-22(2)(1), Mumbai

In the result, appeal of the assessee is allowed

ITA 1186/MUM/2024[2014-15]Status: DisposedITAT Mumbai24 Jun 2024AY 2014-15

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 1186/Mum/2024 (A.Y. 2014-15) Kanji Ganesh Patel Huf Vs. Ito, Ward 22(2)(1) 1905 Building No. 3 Piramal Chamber Raheja Classique Lalbaug, Parel Oshiwara, New Link Road, Mumbai-400 012. Andheri West Mumbai-400 053. Pan : Aaghk3564D (Appellant) (Respondent) Assessee By Shri Prakash G. Jhunjhunwala Department By Shri R.R. Makwana Date Of Hearing 13.06.2024 Date Of Pronouncement 24.06.2024 O R D E R Per Prashant Maharishi 1. This Appeal Is Filed By Kanji Ganesh Patel Huf (Assessee/Appellant) Against Appellate Order Passed By The National Faceless Appeal Centre (Nfac), Delhi (The Learned Cit – A) For Assessment Year 2014 – 15 Dated 16/1/2024 Wherein The Appeal Filed By The Assessee Against The Assessment Order Passed Under Section 143 (3) Of The Income Tax Act, 1961 (The Act) By The Deputy Commissioner Of Income Tax 22 (2) (1), Mumbai (The Learned Ao) Was Dismissed. 2. The Assessee Is Aggrieved With The Same & Has Preferred Appeal Raising Solitary Ground About Addition Under Section 68 Of The Income Tax Act Wherein The Exemption Under Section 10 (1) Of Agricultural Income Was Denied To The Assessee Of Rs. 2,748,802/–. 3. The Brief Fact Of The Case Shows That Assessee Is An Huf Filed Its Return Of Income On 31/7/2014 At A Total Income Of Rs. 321,608/- In The Return Of Income Assessee Has Claimed Exemption Under Section 10 Page 1 Of 5

Section 10Section 143Section 68

Prashant Maharishi 1. This appeal is filed by Kanji Ganesh Patel HUF (assessee/appellant) against appellate order passed by the National faceless appeal Centre (NFAC), Delhi (the learned CIT – A) for assessment year 2014 – 15 dated 16/1/2024 wherein the appeal filed by the assessee against the assessment order passed under section

Meena Bharat Gohil, Mumbai vs. The Income Tax Officer Ward No 20(2)(2), Lalbaug Parel

In the result, these grounds of appeal of the assessee are restored back to the file of AO

ITA 4803/MUM/2023[2017-18]Status: DisposedITAT Mumbai24 Jun 2024AY 2017-18

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 4803/Mum/2023 (A.Y. 2017-18) Vs. Meena Bharat Gohil Ito, Ward-20(2)(2) Room No. 60, New Piramal Chamber Bhawan Chawl, Cotton Mumbai. Green, Veer Tanaji Malusare Marg, Kala Chowki S.O. Mumbai-400 033. Pan : Ajnpg2509G (Appellant) (Respondent) Assessee By Shri Satya Prakash Singh Department By Shri R.R. Makwana Date Of Hearing 04.06.2024 Date Of Pronouncement 24.06.2024 O R D E R 1. This Appeal Is Filed By Mrs. Meena Bharat Gohil (The Assessee/Appellant) Against The Appellate Order By The National Faceless Appeal Centre (Nfac, Delhi (The Learned Cit – A) For Assessment Year 2017 – 18 Dated 7/11/2023 Wherein The Appeal Filed By The Assessee Against The Assessment Order Passed Under Section 143 (3) Of The Income Tax Act 1961 (The Act) Dated 24/12/2019 Passed By The Income Tax Officer Ward – 20 (2) (2), Mumbai (The Learned Ao) Was Dismissed. 2. Assessee Aggrieved With The Same Is In Appeal Before Us Challenging The Order Passed By The Learned That Appellate Authority For Passing The Order Can The Addition Under Section 69A In Respect Of Rs. 4,605,000/- Cash Deposited During Demonetization In The Bank Account Of The Assessee Despite Providing Sufficient Explanation With Page 1 Of 6

Section 115BSection 133Section 142Section 143Section 69A

This appeal is filed by Mrs. Meena Bharat Gohil (the assessee/appellant) against the appellate order by the National faceless appeal Centre (NFAC, Delhi (the learned CIT – A) for assessment year 2017 – 18 dated 7/11/2023 wherein the appeal filed by the assessee against the assessment order passed under section

Income Tax Officer, Ward 3(2), Kalyan vs. Mukesh Odhavji Kamaliya, Pune

In the result appeal of the AO is dismissed

ITA 2767/MUM/2023[2010-11]Status: DisposedITAT Mumbai24 Jun 2024AY 2010-11

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 2767/Mum/2023 (A.Y. 2010-11) Vs. Ito, Mukesh Odhavji Kamaliya Ward 3(2) Flat No. 22, Building E2 2Nd Floor, Rani Mansion Prem Park, Masulkar Colony Near Murbad Road, Kalyan-W Corporation Maharashtra-421 301. Bank, Pune-411 018 Pan : Axzpk8408L (Appellant) (Respondent) Assessee By None Department By Shri R.R. Makwana Date Of Hearing 04.06.2024 Date Of Pronouncement 24.06.2024 O R D E R 1. This Appeal Is Filed By The Income Tax Officer Ward 3 (2), Kalyan (The Learned Assessing Officer) For Assessment Year 2010 – 11 Against The Appellate Order Passed By The National Faceless Appeal Centre (Nfac), Delhi (The Learned Cit – A) Dated 29/5/2023 Wherein The Appeal Filed By The Assessee Against The Assessment Order Passed By The Income Tax Officer On 19/2/2015 Under Section 143 (3) Read With Section 147 Of The Income Tax Act, 1961 (The Act) Was Partly Allowed. Therefore, The Assessing Officer Is Aggrieved & Is In Appeal Before Us. 2. The Solitary Ground Of The Appeal Of The Learned Assessing Officer Is That The Learned Cit – A Has Erred In Restricting The Disallowance To 25% Of Purchases Instead Of Hundred Percent Of Purchases Of Rs. 777,174/– From Non-Existent Vendor’S By Not Following The Decision Of The Honourable Gujarat High Court In Case Of Nk Proteins Ltd Versus Dcit Where In It Has Been Held That Once The Purchases Are Bogus, The Addition Should Be Made On The Entire Purchases & Not Only The Page 1 Of 4

Section 133Section 143Section 147Section 148Section 69C

Ward 3 (2), Kalyan (the learned assessing officer) for assessment year 2010 – 11 against the appellate order passed by the National faceless appeal Centre (NFAC), Delhi (the learned CIT – A) dated 29/5/2023 wherein the appeal filed by the assessee against the assessment order passed by The Income Tax Officer

Sushil Balasaheb Gondhale, Pune vs. Income Tax Officer Ward 14(2), Pune

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

ITA 454/PUN/2024[2017-18]Status: DisposedITAT Pune21 Jun 2024AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.454/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 Sushil Balasaheb Gondhale, Vs. Ito, Ward-14(2), Pune. 49/3, Triveni Nagar Housing Society, Opp. Vaibhav Theatre, Hadapsar, Pune- 411028. Pan : Asppg5370A Appellant Respondent Assessee By : Shri Pramod S. Shingte Revenue By : Shri Sourabh Nayak Date Of Hearing : 11.06.2024 Date Of Pronouncement : 21.06.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.12.2023 Passed By Ld Cit(A)/Nfac For The Assessment Year 2017-18. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & The Circumstances Of The Case & In Law, Lower Authorities Erred In Passing Ex-Parte Order & Erred In Deciding The Issue Only On The Basis Of Material Available With Them, This Action Is Being Violative Of Principal Of Natural Justice. Your Appellant Prays For Granting Opportunity Of Hearing Before Lower Authorities.

For Appellant: Shri Pramod S. ShingteFor Respondent: Shri Sourabh Nayak
Section 115BSection 142(1)Section 144Section 69A

appeal, following grounds are also taken on merit: 2. On the facts and the circumstances of the case and in law, learned CIT Appeal NFAC erred in rejecting the appellants appeal by not condoning the delay of 40 days which cause due to certain medical emergency your appellant prays