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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

Sunil Ramchandra Naware, Nashik vs. Income Tax Officer, Nashik

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

ITA 99/PUN/2024[2016-17]Status: DisposedITAT Pune20 May 2024AY 2016-17

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.99/Pun/2024 िनधा"रण वष" / Assessment Year: 2016-17 Sunil Ramchandra Naware, Vs. Ito, Nashik. Row House No.6, Amrut Pushpa, Ambad Link Road, Uttam Nagar- 422010. Pan : Aappn5706R Appellant Respondent Assessee By : None Revenue By : Shri Sourabh Nayak Date Of Hearing : 29.04.2024 Date Of Pronouncement : 20.05.2024 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 23.11.2022 Passed By Ld Cit(A)/Nfac, Delhi For The Assessment Year 2016-17. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. The Learned Cit Is Not Justified In Levying Penalty U/S 271(1)(C) Of Rs. 202118/- On The Ground That The Assessee Had Under Reported His Income By Rs. 4,34,830/- In Consequence Of Misreporting Without Appreciating That The Said Levy Of Penalty Was Not Justified In Law. 2. The Learned Cit Failed To Appreciate That Before The A.O., The Assessee Had Duly Explained That Under Reporting Of Income In His Case

For Appellant: NoneFor Respondent: Shri Sourabh Nayak
Section 139(5)Section 143(3)Section 147Section 148Section 271(1)(c)

IN THE INCOME TAX APPELLATE TRIBUNAL PUNE BENCH “B”, PUNE BEFORE SHRI R. K. PANDA, VICE PRESIDENT AND SHRI VINAY

Narendra Balusu, Hyderabad vs. Income Tax Officer, Ward - 14(1), Hyderabad

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

ITA 594/HYD/2023[2021-22]Status: DisposedITAT Hyderabad20 May 2024AY 2021-22

Bench: Shri K. Narasimha Chary & Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.594/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2021-22) Shri Narendra Balusu, Vs. Income Tax Officer Hyderabad Ward 14(1) Pan:Acxpb4000E Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri K.A. Sai Prasad, Ca राज" व "ारा/Revenue By:: Shri Shakeer Ahmed, Dr सुनवाई की तारीख/Date Of Hearing: 08/05/2024 घोषणा की तारीख/Pronouncement: 20/05/2024 आदेश/Order Per Madhusudan Sawdia, A.M This Appeal Is Filed By Shri Narendra Balusu (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”), Dated 31/10/2023 For The Ay 2021- 22. 2. The Grounds Raised By The Assessee Read As Under:

For Appellant: Shri K.A. Sai Prasad, CAFor Respondent: : Shri Shakeer Ahmed, DR
Section 142(1)Section 143(2)Section 143(3)Section 54Section 54(2)Section 54ESection 54F

Shri Narendra Balusu (“the assessee”), feeling aggrieved by the order passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (“ld. CIT(A)”), dated 31/10/2023 for the AY 2021- 22. 2. The grounds raised by the assessee read as under: Page

Acuity Merchants Pvt. Ltd., Kolkata vs. ITO, Ward-4(3), Kolkata.

In the result, the appeal of the assessee is treated as allowed for statistical purposes

ITA 1338/KOL/2023[2017-18]Status: DisposedITAT Kolkata20 May 2024AY 2017-18

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.1338/Kol/2023 Assessment Year : 2017-18 Acuity Merchants Pvt Ltd.……..…………............…...……………....Appellant Amrita Abasan, Bimalendu Ghosh Sarani, Sonarpur, Kolkata- 700150. [Pan: Aaica4474D] Vs. Ito, Ward-4(3), Kolkata……...............................................…..…..... Respondent Appearances By: Shri S. K. Tulsiyan, Advocate, Appeared On Behalf Of The Appellant. Shri S. Datta, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 07, 2024 Date Of Pronouncing The Order : May 20, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 25.10.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A), Nfac, Delhi Erred In Law In Having Upheld The Addition Of Rs 8.61,73,500/- U/S 68 Of The Act Without Properly Appreciating The Admitted Facts On Record That The Assessee Had Received Loans In The Form Of Shares Only From Various Parties/Creditors Duly Reflected In The Demat Account & Not Any Fund Transacted Either Through Bank Or Cash Book & Hence Such Receipt Of Shares As Loan Did Not Amount To Cash Credit As Envisaged U/S 68 Of The Act.

Section 115BSection 250Section 68

appeal has taken the following grounds of appeal: “1. That on the facts and in the circumstances of the case, the Ld. CIT(A), NFAC, Delhi erred in law in having upheld the addition of Rs 8.61,73,500/- u/s 68 of the Act without properly appreciating the admitted facts