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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

Rajeev Bhasin, Delhi vs. Income Tax Officer Ward 2(2), Ghaziabad

In the result, the appeals of the assessee are allowed for statistical purposes only with consequences to follow as per directions above

ITA 3901/DEL/2023[2010-11]Status: DisposedITAT Delhi30 May 2024AY 2010-11

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaassessment Year: 2010-11 Assessment Year : 2010-11 Shobha Bhasin, Vs Ito, L/H Of Late Shri Rajeev Bhasin, Ward 2(2), 914, Hamilton Road, Ghaziabad. Kashmere Gate, New Delhi - 110 006. Pan: Aaapb2220R (Appellant) (Respondent) Assessee By : Shri Baldev Raj, Ca & Shri Manish Upneja, Ca Revenue By : Shri Vivek Vardhan, Sr. Dr Date Of Hearing : 27.03.2024 Date Of Pronouncement : 30.05.2024 Order Per Anubhav Sharma, Jm: These Appeals Are Preferred By The Assessee Against The Order Dated 22.12.2023 Of The Commissioner Of Income Tax (Appeals), Nfac, Delhi (Hereinafter Referred As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) Arising Out Of The Appeals Before It Against The Orders Passed U/Ss 144/147 & Ita No.3897/Del/2023 271(1)(C), Respectively, Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’), Respectively, By The Ito, Ward-2(2), Ghaziabad (Hereinafter Referred To As The Ld. Ao).

For Appellant: Shri Baldev Raj, CA &For Respondent: Shri Vivek Vardhan, Sr. DR
Section 271(1)(c)

ORDER PER ANUBHAV SHARMA, JM: These appeals are preferred by the Assessee against the order dated 22.12.2023 of the Commissioner of Income Tax (Appeals), NFAC, Delhi (hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’) arising out of the appeals before it against the orders passed u/ss ... page No.1 of Part- C(A) of the paper book the copy of the additional evidence application under Rule 46A filed before the NFAC is also filed. The ld. DR could not dispute the aforesaid facts. 3. In the light of the aforesaid, we are inclined to quash the impugned

Rajeev Bhasin, Delhi vs. Income Tax Officer Ward 2(2), Ghaziabad

In the result, the appeals of the assessee are allowed for statistical purposes only with consequences to follow as per directions above

ITA 3897/DEL/2023[2010-11]Status: DisposedITAT Delhi30 May 2024AY 2010-11

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaassessment Year: 2010-11 Assessment Year : 2010-11 Shobha Bhasin, Vs Ito, L/H Of Late Shri Rajeev Bhasin, Ward 2(2), 914, Hamilton Road, Ghaziabad. Kashmere Gate, New Delhi - 110 006. Pan: Aaapb2220R (Appellant) (Respondent) Assessee By : Shri Baldev Raj, Ca & Shri Manish Upneja, Ca Revenue By : Shri Vivek Vardhan, Sr. Dr Date Of Hearing : 27.03.2024 Date Of Pronouncement : 30.05.2024 Order Per Anubhav Sharma, Jm: These Appeals Are Preferred By The Assessee Against The Order Dated 22.12.2023 Of The Commissioner Of Income Tax (Appeals), Nfac, Delhi (Hereinafter Referred As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) Arising Out Of The Appeals Before It Against The Orders Passed U/Ss 144/147 & Ita No.3897/Del/2023 271(1)(C), Respectively, Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’), Respectively, By The Ito, Ward-2(2), Ghaziabad (Hereinafter Referred To As The Ld. Ao).

For Appellant: Shri Baldev Raj, CA &For Respondent: Shri Vivek Vardhan, Sr. DR
Section 271(1)(c)

ORDER PER ANUBHAV SHARMA, JM: These appeals are preferred by the Assessee against the order dated 22.12.2023 of the Commissioner of Income Tax (Appeals), NFAC, Delhi (hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’) arising out of the appeals before it against the orders passed u/ss ... page No.1 of Part- C(A) of the paper book the copy of the additional evidence application under Rule 46A filed before the NFAC is also filed. The ld. DR could not dispute the aforesaid facts. 3. In the light of the aforesaid, we are inclined to quash the impugned

Bhumika Mahesh Parwani, Ahmedabad vs. Income-Tax Officer, Ahmedabad

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

ITA 629/AHD/2023[2020-21]Status: DisposedITAT Ahmedabad29 May 2024AY 2020-21

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member Assessment Year : 2020-21 Bhumika Mahesh Parwani, Income Tax Officer Sadhu Vaswani Mansion, Vs Ward 1(3)(1), Mirghawad, Ahmedabad Ahmedabad-380002 Gujarat Pan: Aljpp2059A अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sakar Sharma, Ar Revenue By : Ms. Neeju Gupta, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 13/05/2024 घोषणा क" तार"ख /Date Of Pronouncement: 29/05/2024 आदेश/O R D E R Per Makarand V. Mahadeokarthis Appeal Is Filed By The Assessee Against The Order Of The Commissioner Of Income Tax (Appeals) – National Faceless Appeal Centre(Nfac) [Hereinafter Referred As “Cit(A)”], Dated 01.08.2023, For The Assessment Year 2020-21, Wherein The Cit(A) Confirmed The Addition Made By The Assessing Officer (Hereinafter Referred As “Ao”) As Per The Order Passed Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred As "The Act".

For Appellant: Shri Sakar Sharma, ARFor Respondent: Ms. Neeju Gupta, Sr.DR
Section 142Section 143(2)Section 143(3)Section 56(2)(x)

MAHADEOKAR, ACCOUNTANT MEMBER This appeal is filed by the assessee against the order of the Commissioner of Income Tax (Appeals) – National Faceless Appeal Centre(NFAC) [hereinafter referred as “CIT(A)”], dated 01.08.2023, for the Assessment Year 2020-21, wherein the CIT(A) confirmed the addition made by the Assessing Officer ... Assessee has filed an appeal with following grounds of appeal: Bhumika Mahesh Parwani vs. ITO Asst. Year : 2020-21 2 1. The Ld. NFAC-CIT(A) erred on facts and in law in not adjudicating the validity of assessment made by the Assessing Officer on the issues other than

Mahesh D.Tekchandani, Ahmedabad vs. The Income Tax Officer, Ward-3(3)(3), Ahmedabad

In the result, the appeal of the assessee is allowed

ITA 1028/AHD/2023[2012-13]Status: DisposedITAT Ahmedabad29 May 2024AY 2012-13

Bench: Mrs. Annapurna Gupta & Shri Siddhartha Nautiyalिनधा"रण वष"/Assessment Year: 2012-13 Vs. Mahesh Tekchandani, Income-Tax Officer, 67, Shivalik Bungalows, Ward-3(3)(3), Satellite, Ahmedabad-380015 Ahmedabad Pan : Aespt 5350 A अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" "" यथ" "" "" यथ" यथ"/ (Respondent) यथ" Assessee By : Shri S.N. Divatia, Ar Revenue By : Shri Yogesh Mishra, Sr Dr तारीख/Date Of Hearing : 02.05.2024 सुनवाई क" क" तारीख सुनवाई सुनवाई सुनवाई क" क" तारीख तारीख घोषणा क" क" तारीख तारीख /Date Of Pronouncement: 29.05.2024 घोषणा घोषणा घोषणा क" क" तारीख तारीख आदेश/O R D E R आदेश आदेश आदेश Per Siddhartha Nautiyal: This Appeal Has Been Filed By The Assessee Against The Order Of The Learned Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)" For Short] Dated 20.10.2023, Passed Under Section 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short], For The Assessment Year (Ay) 2012-13. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1.1 The Order Passed By U/S.250 Passed On 20.10.2023 By Cit(A)-Nfac Delhi Upholding The Addition Of Rs.28,72,000/- Made By A.O. Is Wholly Illegal, Unlawful & Against The Principles Of Natural Justice. 1.2 The Ld. Cit(A) Has Failed To Appreciate That The First Payment By Cheque Was Made On 03.02.2014 & The Final Purchase Deed Was Executed In Fy 2018-19. But No Evidence Pointed Out By Ao To Prove That The Alleged Cash Payment Was Made During The Previous Year Relevant To A.Y. 2012-13. 2 Mahesh D. Tekchandani Vs. Ito Ay : 2012-13

For Appellant: Shri S.N. Divatia, ARFor Respondent: Shri Yogesh Mishra, Sr DR
Section 132Section 143(3)Section 153ASection 153CSection 250

MEMBER: This appeal has been filed by the assessee against the order of the learned Commissioner of Income-tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as "CIT(A)" for short] dated 20.10.2023, passed under Section 250 of the Income Tax Act, 1961 [hereinafter referred ... assessee has raised the following grounds of appeal:- “1.1 The order passed by U/s.250 passed on 20.10.2023 by CIT(A)-NFAC Delhi upholding the addition of Rs.28,72,000/- made by A.O. is wholly illegal, unlawful and against the principles of natural justice. 1.2 The Ld. CIT(A) has failed