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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

Prahar Foundation, Coimbatore vs. ACIT Exemptions, Coimbatore

ITA 314/CHNY/2024[2015-16]Status: DisposedITAT Chennai15 May 2024AY 2015-16

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita Nos. 313 & 314/Chny/2024 (िनधा"रणवष" / Assessment Years: 2014-15 & 2015-16) M/S. Prahar Foundation, Vs. The Deputy Commissioner Of No.11/4, R.V.P. Complex, Income Tax (Exemptions), Ivth Cross, Bharathi Park Road, Coimbatore Saibaba Colony, Coimbatore – 641 011. [Pan: Aabtp 4191N] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Ms. N.V. Lakshmi, Advocate ""यथ" क" ओर से /Respondent By : Shri Ar.V. Srinivasan, Addl. Cit सुनवाई क" तारीख/Date Of Hearing : 09.05.2024 : 15.05.2024 घोषणा क" तारीख /Date Of Pronouncement आदेश / O R D E R Manu Kumar Giri () The Instant Two Appeals Filed By The Assessee Are Directed Against The Orders Dated 15.11.2021 & 12.11.2021 Passed By The National Faceless Appeal Centre (Nfac), Delhi, Arising Out Of The Orders Passed By The Assessing Officer (Hereinafter Referred As To As ‘The Ao’) I.E; Dcit, Exemptions Circle, Coimbatore U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred As To ‘The Act’) Dated 15.12.2016 & 26.12.2017 For Assessment Years 2014-15 & 2015-16 Respectively. 2. The Registry Has Noted Delay Of 752 & 755 Days In Filing The Appeals. Ld. Counsel For The Assessee Has Filed Affidavit Of The Trustee Who Is Also The Secretary Of The Trust. The Said Affidavit Is As Under: I, Praveen Kumaar, S/O Radhakrishnan, Aged 33 Years, Currently Residing At J 338, J Pocket, Sarita Vihar, New Delhi - 110076, Hereby Solemnly Affirm & Sincerely State As Follows:

For Appellant: Ms. N.V. Lakshmi, AdvocateFor Respondent: Shri AR.V. Srinivasan, Addl. CIT
Section 143(3)

instant two appeals filed by the assessee are directed against the orders dated 15.11.2021 and 12.11.2021 passed by the National Faceless Appeal Centre (NFAC), Delhi, arising out of the orders passed by the Assessing Officer (hereinafter referred as to as ‘the AO’) i.e; DCIT, Exemptions Circle, Coimbatore

Prahar Foundation, Coimbatore vs. DCIT (Exemptions), Coimbatore

ITA 313/CHNY/2024[2014-15]Status: DisposedITAT Chennai15 May 2024AY 2014-15

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita Nos. 313 & 314/Chny/2024 (िनधा"रणवष" / Assessment Years: 2014-15 & 2015-16) M/S. Prahar Foundation, Vs. The Deputy Commissioner Of No.11/4, R.V.P. Complex, Income Tax (Exemptions), Ivth Cross, Bharathi Park Road, Coimbatore Saibaba Colony, Coimbatore – 641 011. [Pan: Aabtp 4191N] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Ms. N.V. Lakshmi, Advocate ""यथ" क" ओर से /Respondent By : Shri Ar.V. Srinivasan, Addl. Cit सुनवाई क" तारीख/Date Of Hearing : 09.05.2024 : 15.05.2024 घोषणा क" तारीख /Date Of Pronouncement आदेश / O R D E R Manu Kumar Giri () The Instant Two Appeals Filed By The Assessee Are Directed Against The Orders Dated 15.11.2021 & 12.11.2021 Passed By The National Faceless Appeal Centre (Nfac), Delhi, Arising Out Of The Orders Passed By The Assessing Officer (Hereinafter Referred As To As ‘The Ao’) I.E; Dcit, Exemptions Circle, Coimbatore U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred As To ‘The Act’) Dated 15.12.2016 & 26.12.2017 For Assessment Years 2014-15 & 2015-16 Respectively. 2. The Registry Has Noted Delay Of 752 & 755 Days In Filing The Appeals. Ld. Counsel For The Assessee Has Filed Affidavit Of The Trustee Who Is Also The Secretary Of The Trust. The Said Affidavit Is As Under: I, Praveen Kumaar, S/O Radhakrishnan, Aged 33 Years, Currently Residing At J 338, J Pocket, Sarita Vihar, New Delhi - 110076, Hereby Solemnly Affirm & Sincerely State As Follows:

For Appellant: Ms. N.V. Lakshmi, AdvocateFor Respondent: Shri AR.V. Srinivasan, Addl. CIT
Section 143(3)

instant two appeals filed by the assessee are directed against the orders dated 15.11.2021 and 12.11.2021 passed by the National Faceless Appeal Centre (NFAC), Delhi, arising out of the orders passed by the Assessing Officer (hereinafter referred as to as ‘the AO’) i.e; DCIT, Exemptions Circle, Coimbatore

Shri Nilesh Haresh Parwani, Mumbai vs. The Assistant Commissioner of Income Tax-22(2), Mumbai

In the result, the appeal of the assessee is dismissed

ITA 2244/MUM/2023[2014-2015]Status: DisposedITAT Mumbai15 May 2024AY 2014-2015

Bench: Shri Vikas Awasthy & Shri Amarjit Singhshri Nilesh Haresh Vs. The Assistant Parwani, 501, Chumchum Commissioner Of Income Saraswati Road, Tax-22 (2) Santacruz West, Room No. 315, Piramal Mumbai – 400 064 Chamber, Lalbaug, Mumbai – 400 012 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Angpp1224L Appellant .. Respondent Appellant By : Sanjay Parikh Respondent By : Anil Sant Date Of Hearing 08.03.2024 Date Of Pronouncement 15.05.2024 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A) Nfac For A.Y. 2014-15. The Assessee Has Raised The Following Grounds Before Us: “A. Addition/Disallowance Of Short Term Capital Loss Rs.1,62,91,466/- 1. The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [Cit(A)] Erred On Facts & In Law In Confirming The Addition/Disallowance Of Short Term Capital Loss Of Rs. 1,62,91,466/- As Made By The Assistant Commissioner Of Income Tax, 22(2), Mumbai (Ao). 2. While Confirming The Addition/Disallowance Of The Said Loss, The Learned Cit(A) Erred In Holding That The Appellant Had Not Made Out A Case As To How Such Huge Ltcg/Stcl Has Accrued To The Appellant From Shares Of The Company Named Global Infratech Ltd.

For Appellant: Sanjay ParikhFor Respondent: Anil Sant
Section 143(2)Section 69C

Amarjit Singh (AM): This appeal filed by the assessee is directed against the order passed by the ld. CIT(A) NFAC for A.Y. 2014-15. The assessee has raised the following grounds before us: “A. Addition/disallowance of Short Term Capital Loss Rs.1,62,91,466/- 1. The learned Commissioner