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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

Skywards Kanakraj Developer, Pune vs. Income Tax Officer, Ward 3(1), Pune

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

ITA 725/PUN/2024[2018-19]Status: DisposedITAT Pune11 Jun 2024AY 2018-19

Bench: Shri Dr. Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.725/Pun/2024 िनधा"रण वष" / Assessment Year : 2018-19 Skywards Kanakraj Vs. Ito, Ward-3(1), Pune. Developer, Office No.704, Vb Capital, Range Hills Road, Opp. Symphony Restaurant Shivaji Nagar, Pune- 411007. Pan : Acafs3003P Appellant Respondent Assessee By : Shri Pramod S. Shingte Revenue By : Shri Sourabh Nayak Date Of Hearing : 31.05.2024 Date Of Pronouncement : 11.06.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 15.03.2024 Passed By Ld Cit(A)/Nfac For The Assessment Year 2018-19. 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 Not Deciding The Issue On The Merits Of The Case, 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 143(3)Section 40aSection 43B

/NFAC, the appellant is in appeal before this Tribunal. 6. LD Counsel of the assesse submitted before us that LD CIT(A)NFAC was not justified in passing ex-parte order. It was further submitted that total 3 notices were issued to the assessee & on the first two occasions adjournment

Sunil Landmark LLP, Pune vs. ACIT, Circle-2, Pune

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

ITA 662/PUN/2024[2017-18]Status: DisposedITAT Pune11 Jun 2024AY 2017-18

Bench: Shri Dr. Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.662/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Sunil Landmark Llp, Vs. Acit, Circle-2, Pune. 562/9, Opp. Savarkar Bhavan, Shivajinagar, Pune- 411005. Pan : Aczfs2579P Appellant Respondent Assessee By : Shri Suhas Bora Revenue By : Shri Sourabh Nayak Date Of Hearing : 31.05.2024 Date Of Pronouncement : 11.06.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 13.02.2024 Passed By Ld Cit(A)/Nfac For The Assessment Year 2017-18. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Learned Cit(A) Has Erred In Confirming The Addition Made By The Ao Without Considering Detailed Submissions Made By The Appellant In Respect Of Ground No.L To 5 & Deciding The Case In Summary Manner Without Any Speaking Order On The Legal Issues Raised Which Goes To Root Of The Assessment Proceedings By Deciding Ground No. 1 & 4 As General Grounds. 2. The Learned Cit(A) Has Failed To Appreciate That The Assessment Order Passed By The Ao Is Bad In Law As Same Has Been Passed Without Considering The Submission Made By The Appellant Firm Within Appointed Date To The Show-Cause Notice Issued By The Ao

For Appellant: Shri Suhas BoraFor Respondent: Shri Sourabh Nayak
Section 142(1)Section 143(2)Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI DR. DIPAK P. RIPOTE, ACCOUNTANT MEMBER AND SHRI

Deepak Trading Company, Sangli vs. Income Tax Officer Ward 2, Sangli

Appeal of the assessee is allowed for statistical purpose

ITA 552/PUN/2024[2013-14]Status: HeardITAT Pune11 Jun 2024AY 2013-14

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.552/Pun/2024 िनधा"रण वष" / Assessment Year : 2013-14 Deepak Trading Company, V The Income Tax Officer, Nikunj Banglow, Gulmohar S Ward-2, Sangli. Colony, Opp.Malu High School, Sangli – 416416. Pan: Aadfd6132F Appellant / Assessee Respondent / Revenue Assessee By Shri Sharad A Vaze – Ar Revenue By Shri Keyur Patel – Cit(Dr) Date Of Hearing 11/06/2024 Date Of 11/06/2024 Pronouncement 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(Appeals)[Nfac] Dated 04.01.2024 For A.Y.2013-14. The Assessee Has Raised Following Grounds Of Appeal : “1. In The Facts & Circumstances Of The Case & As Per Law, The Commissioner Of Income Tax (A), Nfac, Delhi, Is Not Justified In Dismissing The Appeal Solely On The Basis Delay Of Only 249 Days In Deepak Trading Company [A]

ORDER PER DR. DIPAK P. RIPOTE, AM: This is an appeal filed by the assessee against the order of ld.Commissioner of Income Tax(appeals)[NFAC] dated 04.01.2024 for A.Y.2013-14. The assessee has raised following grounds of appeal : “1. In the facts and circumstances of the case ... Commissioner of Income Tax (A), NFAC, Delhi, is not justified in dismissing the appeal solely on the basis delay of only 249 days in Deepak Trading Company [A] filing the appeal, for the reasons beyond its control. The appeal before CIT(A) be restored by setting aside his order

Mukesh Lahu Jadhav, Pune vs. The Income Tax Officer, Ward-2(1), Pune

ITA 542/PUN/2024[2015-16]Status: HeardITAT Pune11 Jun 2024AY 2015-16

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.542/Pun/2024 िनधा"रण वष" / Assessment Year : 2015-16 Mukesh Lalu Jadhav, V The Income Tax Officer, 92, Anand Park, It Road S Ward-2(1), Pune. Aundh, Pune – 411007. Pan: Afepj4215K Appellant / Assessee Respondent / Revenue Assessee By None Revenue By Shri Arvind Desai – Dr Date Of Hearing 11/06/2024 Date Of Pronouncement 11/06/2024 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 24.01.2024. The Assessee Has Raised The Following Grounds Of Appeal : “1. Cit(A) Has Erred In Confirming The Presumptive Turnover & Percentage Of Profit Respectively @ Rs.6,98,20,894/- & 8% I.E. Rs.55,85,672/-

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

11/06/2024 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 24.01.2024. 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 ld.DR for the Revenue and perused the records. It is observed from the order of the ld.CIT(A)[NFAC] that

Accuscan Daignostic Service Pvt Ltd, Pune vs. ITO Ward 1(1), Pune

ITA 526/PUN/2024[2017-18]Status: DisposedITAT Pune11 Jun 2024AY 2017-18

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.526/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Accuscan Daignostic Service V The Income Tax Officer, Private Limited, S Ward-1(1), Pune. 304, Rajat Apartmens, North Main Road, Lane-06, Koregaon Park, Pune – 411001. Pan: Aabca4647D Appellant / Assessee Respondent / Revenue Assessee By None Revenue By Shri Arvind Desai – Dr Date Of Hearing 10/06/2024 Date Of Pronouncement 11/06/2024 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 19.01.2024. The Assessee Has Raised The Following Grounds Of Appeal : “1. That, On Facts & In The Circumstances Of The Case, The Order Of Cit(A), Nfac Dated 19.01.2024 In Dismissing The Appeal Filed By The Appellant Is Arbitrary, Erroneous, Contrary To Law & Is Opposed To The Principles Of Natural Justice, Equity & Fair Play. 2. That, On Facts & In The Circumstances Of The Case, The Ld. Accuscan Daignostic Service Pvt. Ltd., [A]

Section 250Section 250(4)Section 250(6)Section 251(1)(a)Section 69A

11/06/2024 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 19.01.2024. The Assessee has raised the following grounds of appeal : “1. That, on facts ... circumstances of the case, the order of CIT(A), NFAC dated 19.01.2024 in dismissing the appeal filed by the appellant is arbitrary, erroneous, contrary to law, and is opposed to the principles of natural justice, equity and fair play. 2. That, on facts and in the circumstances of the case

Anil Rajaram Buchde, Pune vs. Assistant Commissioner of Income Tax, Circle-2, Pune

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

ITA 271/PUN/2024[2014-15]Status: HeardITAT Pune11 Jun 2024AY 2014-15

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.271/Pun/2024 िनधा"रण वष" / Assessment Year : 2014-15 Anil Rajaram Buchde, V The Assistant Ap Marunji, S.No.32, Tal. S Commissioner Of Income Mulshi, Near Kirti Classique, Tax, Circle-2, Pune. Pune – 411057. Pan: Bhkpb4666F Appellant / Assessee Respondent / Revenue Assessee By None Revenue By Shri Arvind Desai – Dr Date Of Hearing 11/06/2024 Date Of Pronouncement /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(Appeals)[Nfac] Dated 19.12.2023 For The A.Y.2014-15. The Assessee Has Raised Following Grounds Of Appeal : “1. On Facts & Circumstances Prevailing In The Case & As Per Provisions & Scheme Of The Act, It Be Held That The Order Passed By First Appellate Authority, Without Providing Any Opportunity Of Being Heard, Is In Violation Of Principles Of Natural Justice & Also In Violation Of The Express Directions Issued By The Hon'Ble Income-Tax Anil Rajaram Buchde [A]

Section 143(3)Section 154Section 250(6)

ORDER PER DR. DIPAK P. RIPOTE, AM: This is an appeal filed by the assessee against the order of ld.Commissioner of Income-tax(Appeals)[NFAC] dated 19.12.2023 for the A.Y.2014-15. The Assessee has raised following grounds of appeal : “1. On facts and circumstances prevailing in the case ... afresh appropriate adjudication as per law, preferably within three effective opportunities of hearing. Ordered accordingly.” 3. Accordingly, the proceedings were initiated by ld.CIT(A)[NFAC]. However, ld.CIT(A)[NFAC] has not provided any opportunity to the assessee during these fresh proceedings. It is also observed that though ITAT had directed

Infotek Netalia Ltd, Pune vs. ACIT, Circle-11, Pune

ITA 1004/PUN/2023[2012-13]Status: DisposedITAT Pune11 Jun 2024AY 2012-13

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.1004/Pun/2023 िनधा"रण वष" / Assessment Year : 2012-13 Infotek Netalia Ltd., V The Acit, Commerzone, I T Park, S Circle-11, Pune. Yerawada, Pune – 411004. Pan: Aabci2205B Appellant / Assessee Respondent / Revenue Assessee By Mr.Abhineet P For Prateek Jha – Ar Revenue By Shri Arvind Desai – Dr Date Of Hearing 10/06/2024 Date Of Pronouncement 11/06/2024 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 19.07.2023. The Assessee Has Raised The Following Grounds Of Appeal : “1. The Ld Cit(A), Nfac, Erred In Deciding The Appeal Of The Assessee Ex-Parte Without Granting The Assessee Reasonable Opportunity Of Being Heard. 2. The Ld Cit(A), Nfac, Erred In Passing The Appellate Order Entirely Based On The Observations Of The Ld Ao & Without Appreciating That The Business Of The Assessee Company Was Closed & There Was No Employee To Handle The Income Tax Matters. Infotek Netalia Ltd., [A]

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

11/06/2024 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 19.07.2023. The Assessee has raised the following grounds of appeal ... NFAC, erred in deciding the appeal of the assessee ex-parte without granting the assessee reasonable opportunity of being heard. 2. The Ld CIT(A), NFAC, erred in passing the Appellate Order entirely based on the observations of the Ld AO and without appreciating that the business of the assessee

Swatipushp Dealers Pvt. Ltd.(Since Merged With Snowtemp Commercial Pvt. Ltd.), Kolkata vs. ITO, Ward-11(2), Kolkata

The appeal of the assessee is allowed

ITA 258/KOL/2024[2011-12]Status: DisposedITAT Kolkata11 Jun 2024AY 2011-12

Bench: Shri Rajpal Yadav, Vice-(Kz) & Dr. Manish Boradi.T.A. No. 258/Kol/2024 Assessment Year: 2011-2012 Swatipushp Dealers Pvt. Ltd.,……………………Appellant (Since Merged With Snowtemp Commercial Pvt. Ltd.) 101, 1St Floor, 18, Prince Anwar Shah Road, Kolkata-700033 [Pan:Aapcs5069P] -Vs.- Income Tax Officer,…………………………...…Respondent Ward-11(2), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 Appearances By: Shri Abhishak Bansal, A.R., Appeared On Behalf Of The Assessee Shri Loviesh Shelley, Jcit, D.R. Appeared On Behalf Of The Revenue Date Of Concluding The Hearing : May 30, 2024 Date Of Pronouncing The Order : June 11, 2024 O R D E R

Section 143(3)Section 263Section 271Section 271(1)(c)

order of ld. Commissioner of Income Tax (Appeals), 1 Swatipushp Dealers Pvt. Ltd. (since merged with Snowtemp Commercial Pvt. Ltd.) National Faceless Appeal Centre (NFAC), Delhi dated 5th February, 2024 passed for assessment year 2011-12. 2. The assessee has taken five grounds of appeal, out of which Grounds ... Officer, Ward-11(2), Kolkata, Aayakar Bhawan, P-7, Chowringhee Square, Kolkata-700069 (3) Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi; (4) CIT- , Kolkata (5) The Departmental Representative; (6) Guard FileBy order

Star Aviation Private Limited, Mylapore vs. The Assistant Commissioner of Income Tax, Corporate Circle 6, Chennai, Nungambakkam

The appeal stand allowed in terms of our above order

ITA 1497/CHNY/2023[2009-10]Status: DisposedITAT Chennai11 Jun 2024AY 2009-10

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1497/Chny/2023 (िनधा*रण वष* / Assessment Year: 2009-10) M/S. Star Aviation Private Limited Acit Chennai Citi Centre, 4Th Floor बनाम/ Corporate Circle-6, 10 & 11, Dr.Radhakrishnan Salai, Chennai. Vs. Mylapore, Chennai-600 004. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aajcs-6206-J (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri V. Padmanabhan & Shri R. Venkata Raman (Cas) - Ld. Ar " थ"कीओरसे/Respondent By : Dr. D. Praveen (Jcit) -Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 16-05-2024 घोषणाकीतारीख /Date Of Pronouncement : 11-06-2024 आदेश / O R D E R

For Appellant: Shri V. Padmanabhan & Shri RFor Respondent: Dr. D. Praveen (JCIT) -Ld. Sr. DR
Section 143Section 143(3)Section 148

assessee for Assessment Year (AY) 2009-10 arises out of the order of learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] dated 17-10-2023 in the matter of an assessment framed by Ld. Assessing Officer [AO] u/s. 143(3) r.w.s ... before us. The grounds taken by the assessee read as under: - 1. That the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (''Ld.CIT(A)") is not justified in upholding the order of assessment dated 25.03.2015 passed by the Assessing Officer u/s.143 r.w.s 147 of the Income