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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

Sakina Ahmedali Kantavala, Ahmedabad vs. The Income Tax Officer, Ward-1(2)(4), Ahmedabad

In the result, the appeal of assessee is allowed

ITA 41/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad28 May 2024AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokar, Accountnat Member Assessment Year : 2017-18 Sakina Ahmedali Kantavala The Income Tax Officer 122 Kutbi Mohalla 1/N Kalupur Vs Ward-1(2)(4) Darwaja Ahmedabad Kalupur Ahmedabad – 380 001 Gujarat Pan:Eqepk 9096 J अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri S.K. Sadhwani, Ar Revenue By : Shri N.J. Vyas, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 16 /05/2024 घोषणा क" तार"ख /Date Of Pronouncement: 28 /05/2024 आदेश/O R D E R Per Makarand V. Mahadeokarthe Present Appeal Has Been Filed At The Instance Of The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Nfac) [Hereinafter Referred To As “The Cit(A)”] Dated 28.11.2023, Arising In The Matter Of Assessment Order Passed U/S 144 Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") Relevant To The Assessment Year (Ay) 2017-2018. 2. Following Grounds Of Appeal Are Taken By The Assessee: Sakina Ahmedali Kantavala Vs. Ito Asst. Year : 2017-18

For Appellant: Shri S.K. Sadhwani, ARFor Respondent: Shri N.J. Vyas, Sr.DR
Section 142(1)Section 144Section 69A

been filed at the instance of the Assessee against the order of the Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (NFAC) [hereinafter referred to as “the CIT(A)”] dated 28.11.2023, arising in the matter of assessment order passed u/s 144 of the Income ... oral/personal hearing before disregarding/disbelieving the explanations about source of cash deposits/other credits furnished by the appellant in compliance of SCN. Ld. CIT [A]-NFAC has erred both in the law and on the facts in not affording the opportunity of oral hearing through VC, though specifically requested by the appellant

The Janta Co-Op Bank Ltd, Godhra vs. The Deputy Commissioner of Income Tax-Circle Anand, Anand, Gujarat

ITA 147/AHD/2024[2018-19]Status: DisposedITAT Ahmedabad28 May 2024AY 2018-19

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokar, Accountnat Member Assessment Year : 2018-19 The Janta Co-Op. Bank Ltd. The Dcit Nawa Bazar Vs Circle Anand Nr. Rani Masjid, Godhra Anand Godhra, Panchamahal - 390 001 Gujarat Pan: Aaaat 2398 D अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Ms. Amrin Pathan, Ar Revenue By : Ms. Saumya Pandey Jain, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 22/05/2024 घोषणा क" तार"ख /Date Of Pronouncement: 28/05/2024 आदेश/O R D E R Per Makarand V. Mahadeokarthis Appeal By The Assessee Arises From The Ex-Parte Order Dated 29.11.2023 Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Nfac) [Hereinafter Referred To As “The Cit(A)”], Whereby The Cit(A) Upheld The Assessment Order Of The Assessing Officer (Hereinafter Referred To As “The Ao”) For The Assessment Year (Ay) 2018-19. 2. Assessee Has Raised The Following Grounds Of The Appeal: The Janta Co-Op. Bank Ltd. Vs. Dcit Asst. Year : 2018-19

For Appellant: Ms. Amrin Pathan, ARFor Respondent: Ms. Saumya Pandey Jain, Sr.DR
Section 234ASection 234CSection 250Section 36

assessee arises from the ex-parte order dated 29.11.2023 passed by the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (NFAC) [hereinafter referred to as “the CIT(A)”], whereby the CIT(A) upheld the assessment order of the Assessing Officer (hereinafter referred ... अपीलाथ" / The Appellant 2. ""यथ" / The Respondent. संबं"धत आयकर आयु"त / Concerned CIT 3. 4. आयकर आयु"त ( अपील ) / The CIT(A)- (NFAC), Delhi 5. "वभागीय ""त"न"ध , अ"धकरण आयकर अपील"य , राजोकट/DR,ITAT, Ahmedabad, गाड" फाईल /Guard file. 6. आदेशानुसार/ BY ORDER, स"या"पत

Income Tax Officer, Ratnagiri vs. Jagrut Motors, Ratnagiri

Appeal of the Revenue is DISMISSED

ITA 282/PUN/2024[2012-13]Status: DisposedITAT Pune28 May 2024AY 2012-13

Bench: Hon’Ble Shri S. S. Godara & Shri G. D. Padmahshaliassessment Year : 2012-13 Income Tax Officer, Ratnagiri . . . . . . . . Appellant बनाम / V/S. M/S Jagrut Motors, D-25, Midc, Mirjole, Ratnagiri– 415 639 Pan : Aadfj1431D . . . . . . Respondent Appearances Assessee By : None For The Assessee Revenue By : Mr Ramnath Murkunde [‘Ld. Dr’] सुनवाई की तारीख / Date Of Conclusive Hearing : 28/05/2024 घोषणा की तारीख / Date Of Pronouncement : 28/05/2024 Order Per G.D. Padmahshali, Am; The Present Appeal Of The Revenue Anent To Assessment Year 2012-13 [For Short ‘Ay’] Is Assailed Against The First Appellate Order Of National Faceless Appeal Centre, Delhi [For Short ‘Cit(A) /Nfac’] Dt. 19/12/2023 Passed U/S 250 Of The Income- Tax Act, 1961 [For Short ‘The Act’], Which Ascended Out Of Order Of Penalty Dt. 14/03/2019 Passed U/S 271E By The Jcit Ratnagiri Range, Ratnagiri [For Short ‘Ao’]

For Appellant: None for the AssesseeFor Respondent: Mr Ramnath Murkunde [‘Ld. DR’]
Section 250Section 269SSection 269TSection 271ESection 273B

imposing a penalty of equivalent amount repayment u/s 271E of the Act. 3.4 When assessee challenged the imposition in an appeal, the Ld. NFAC placing reliance on the decision of co-ordinate bench rendered in assessee’s own case in ITA No. 534/PUN/2022 deleted the penalty on merits. Against such ... partnership firm in cash where both the firms were constituted exclusively by husband & wife i.e. equal, common & same partners is adjudicated by the Ld. NFAC in favour of the respondent assessee in light of the co-ordinate bench’s decision in assessee’s own case in ITA No. 534/PUN/2022