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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

Kishore Ghevarchand Jain, Mumbai vs. DCIT, Circle-1, Kalyan

In the result, the appeal is allowed in aforesaid terms

ITA 278/MUM/2024[2015-16]Status: DisposedITAT Mumbai29 May 2024AY 2015-16

Bench: Shri Amit Shukla & Shri Ratnesh Nandan Sahayassessment Year: 2015-16 Mr. Kishor Ghevarchand Jain Circle -1, Kalyan D.C.I.T. 3Rd Floor, 1St Floor, Porwal Bhawan, Mohan Plaza, Vs. Near Vaishya Mandir Hall, Wayale Nagar, Kasarhat, Kalyan Khadak Pada, Thane - 421301. Kalyan (W.) - 421301. Pan: Aazpj6248E (Appellant) (Respondent) Present For: Assessee By : Shri Bhupendra Shah, A.R. Revenue By : Shri P. D. Chougule (Addl. Cit), Sr. D.R. Date Of Hearing : 13 . 05 . 2024 Date Of Pronouncement : 29 . 05 . 2024 O R D E R Per : Ratnesh Nandan Sahay: 1. This Appeal Has Been Filed By The Appellant Against The Order Of The Ld. Cit (Appeals) Passed U/S. 250 Of The Income Tax Act [The „Act‟ In Short] Vide Its Din & Order No. Itba/ Nfac/S/250/2023-24/1057548827(1) Dated 31/10/2023 For The Assessment Year 2015-16. 2. The Following Ground Of Appeal Have Been Raised:

For Appellant: Shri Bhupendra Shah, A.RFor Respondent: Shri P. D. Chougule (Addl. CIT), Sr. D.R
Section 143(3)Section 147Section 234BSection 250Section 271(1)(c)Section 5Section 69Section 69C

Rs.36,11,110/- without assigning any reasons. 6. In the facts and circumstances of the case and in law, the learned CIT[A] NFAC erred in 4 Mr. Kishor Ghevarchand Jain confirming all the additions and dismissed all the grounds 7. The Ld. A.O. erred in charging interest u/s. 234B

Speedking Courier Services Pvt Ltd, Mumbai vs. Income Tax Officer-4(3)(3), Mumbai

In the result, the appeal is allowed

ITA 4677/MUM/2023[2012-13]Status: DisposedITAT Mumbai29 May 2024AY 2012-13

Bench: Shri Amit Shukla & Shri Ratnesh Nandan Sahayassessment Year: 2012-13 Speedking Courier Income Tax Officer- Services Pvt. Ltd. 4(3)(3), 25/27, Old Hanuman Galli, Room No. 648, Vs. 1St Cross Lane, 6Th Floor, Kalbadevi, Aayakar Bhavan, Mumbai- 400 002. Maharshi Karve Marg, Mumbai- 400 020 Pan: Aaics3715M (Appellant) (Respondent) Present For: Assessee By : Shri K. Gopal, A.R. Revenue By : Shri P. D. Chougule (Addl. Cit) Sr., D.R. Date Of Hearing : 16 . 05 . 2024 Date Of Pronouncement : 29 . 05 . 2024 O R D E R Per : Ratnesh Nandan Sahay: 1. The Appellant Has Filed This Appeal Against The Order Of The Ld. Income Tax Officer- 4(3)(3) Mumbai By Raising Following Grounds Of Appeal: “The Addition Of Rs.1,53,00,000/- Made Under Section 68 Of The Act Is Not Justified. 1. The Ld Cit(A) Is Erred In Confirming The Addition Of Rs. 1,53,00,000/- Made By The Ld. A.O. Under Section 68 Of The Act Without Appreciating That The Basic Condition To Invoke The Provisions Of Section 68 Are Not Satisfied In The Present Case. Hence, The Addition Made Under Section 68 Of The Act Is Not In Accordance With The Law & The Same May Be Deleted.

For Appellant: Shri K. Gopal, A.RFor Respondent: Shri P. D. Chougule (Addl. CIT) Sr., D.R
Section 142(1)Section 143Section 143(2)Section 147Section 148Section 151(1)Section 234BSection 68

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “E”, MUMBAI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER AND SHRI RATNESH NANDAN

Swaranjit Singh Putiani, Sunder Nagar Kalina Santacurz vs. ITO 22(3)(4), Mumbai

In the result, the appeal of the assessee being ITA No

ITA 3838/MUM/2023[2011-12]Status: DisposedITAT Mumbai29 May 2024AY 2011-12

Bench: the CIT(A) with the grounds that there is no mens rea in concealed income. But Ld. CIT(A) upheld the penalty order and dismissed the grounds of the assessee. Being aggrieved, the assessee filed an appeal before us. We heard the rival submissions and considered the documents available in the record. The Ld.AR agitated the legal issue before the Bench related to defective notice issued under section 274 read with section 271(1)(c) of the Act. Copy of the notice is duly annexed herewith:- ITBA

For Appellant: Shri Vishesh Srivastav – AdvocateFor Respondent: Ms. Sujatha Iyangar SR.AR
Section 143(3)Section 147Section 250Section 271(1)(c)Section 274

ANIKESH BANERJEE, J.M: Instant appeal of the assesseewas filed against the order of the Learned National Faceless Appeal Centre, Delhi (NFAC) [for brevity, ‘Ld.CIT(A)’] passed under section 250 of the Income-tax Act, 1961 (in short, ‘the Act’), date of order 13.06.2023 for Assessment Year 2011-12.The impugned orderwas emanated ... date of order27/06/2019. 2. The assesseehas taken the following grounds of appeal:- “That Ld. NATIONAL FACELESS APPEAL CENTRE (NFAC), Delhi [hereinafter referred as “CIT(A)” erred in upholding the PenaltyOrder dated 27th June, 2019 passed under section 271(1)(c)of the Income Tax Act,1961 vide order no ITBA/NFAC/S/250/2023-24