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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

Tata Toyo Radiator Limited, Pune vs. Deputy Commissioner of Income-Tax, Circle 7, Pune

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

ITA 152/PUN/2024[2018-19]Status: DisposedITAT Pune29 May 2024AY 2018-19

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.152/Pun/2024 िनधा"रण वष" / Assessment Year: 2018-19 Tata Toyo Radiator Limited, Vs. Dcit, Circle-7, Pune. Taco House, V.G. Damle Path, Off Law College Road, Deccan Gymkhana, Pune- 411004. Pan : Aaact5566F Appellant Respondent Assessee By : Shri M. D. Sancheti Revenue By : Shri Ajay Kumar Keshari Date Of Hearing : 28.05.2024 Date Of Pronouncement : 29.05.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.11.2023 Passed By Ld Cit(A)/Nfac, Delhi For The Assessment Year 2018-19. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Order Passed By The Learned Cit(A) Is Ultra Vires, Illegal, Bad In Law & Contrary To The Provisions Of The Act. Violation Of Principles Of Natural Justice 2. The Learned Cit(A) Has Thus Erred In Law & On Facts In Passing An Ex-Parte Order Without Granting A Proper Opportunity Of Being Heard, Thereby Violating The Principles Of Natural Justice.

For Appellant: Shri M. D. SanchetiFor Respondent: Shri Ajay Kumar Keshari
Section 143(2)Section 234BSection 234C

merits of the case we set-aside the impugned first appellate order & remand 5 the matter back to the file of the Ld.CIT(A)NFAC for fresh adjudication. Ld.CIT(A) NFAC shall decide the issue as per fact & law after giving due opportunity of being heard to the assessee ... assessee is also hereby directed to furnish relevant submission in support of his case before Ld CIT(A)NFAC on the appointed day without seeking any adjournment under any pretext failing which the CIT(A)NFAC is at liberty to pass appropriate order as per law. We hold & direct accordingly

Geetasree Bhowmick, Kolkata vs. A.O., NFAC

In the result, appeals of the assessee are allowed for statistical purposes

ITA 128/KOL/2024[2013-14]Status: DisposedITAT Kolkata29 May 2024AY 2013-14

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Blei.T.A. No. 128/Kol/2024 Assessment Year: 2013-14 Geetasree Bhowmick Cit(Appeals)/National Faceless 108/3, Block-C, Bangur Avenue Vs Appeal Centre (Nfac) Kolkata - 700055 [Pan : Ahqpb2586H] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Manish Tiwari, Fca Revenue By : Shri S.B. Chakraborthy, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 21/05/2024 घोषणा क" तारीख /Date Of Pronouncement: 29/05/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre (Hereinafter The “Ld. Cit(A)”) Dt. 30/11/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2013-14. 2. The Ld. Counsel For The Assessee At The Very Outset Submitted That Though The Assessee Has Taken Several Grounds Of Appeal, But His Preliminary Grievance Is That The Ld. Cit(A) Has Passed An Ex- Parte Order Which Is Non-Speaking & The Ld. Cit(A) Did Not Adjudicate The Points Raised By The Assessee On Merits. 3. With The Assistance Of The Ld. Representatives, We Have Gone Through The Record Carefully. The Ld. Cit(A) Has Passed Ex-Parte Order Dismissing The Appeal Of The Assessee For Want Of Appearance

For Appellant: Shri Manish Tiwari, FCAFor Respondent: Shri S.B. Chakraborthy, JCIT, Sr. D/R
Section 250

JUDICIAL MEMBER I.T.A. No. 128/Kol/2024 Assessment Year: 2013-14 Geetasree Bhowmick CIT(Appeals)/National Faceless 108/3, Block-C, Bangur Avenue Vs Appeal Centre (NFAC) Kolkata - 700055 [PAN : AHQPB2586H] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee by : Shri Manish Tiwari, FCA Revenue by : Shri S.B. Chakraborthy, JCIT, Sr. D/R सुनवाई क" तारीख/Date