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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

Syed Ali Murtuza Hussain, Hyderabad vs. ITO., Ward-7(1), Hyderabad

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

ITA 166/HYD/2024[2017-18]Status: DisposedITAT Hyderabad08 May 2024AY 2017-18

Bench: Shri Laliet Kumar, Hon’Ble & Shri Manjunatha, G. Hon’Ble Accounant Member Assessment Year: 2017-18 Syed Ali Murtuza Vs. The Income Tax Officer, Hussain, Ward 7(1), 10-2-289/44, Shanthi Hyderabad. Nagar, Masab Tank, Hyderabad – 500028, Telangana. Pan : Alnph5637C (Appellant) (Respondent) Assessee By: None Revenue By: Shri Aves Madhukar, Sr.A.R. Date Of Hearing: 08.05.2024 Date Of Pronouncement: 08.05.2024 O R D E R Per Laliet Kumar, J.M. The Appeal Of The Assessee For A.Y. 2017-18 Arises From The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi Dt.12.10.2023 Invoking Proceedings Under Section 143(3) Of The Income Tax Act, 1961 (In Short, “The Act”). 2. The Grounds Raised By The Assessee Reads As Under :

For Appellant: NoneFor Respondent: Shri AVES Madhukar, Sr.A.R
Section 115BSection 142(1)Section 143(2)Section 143(3)Section 246Section 68Section 69A

appeal of the assessee for A.Y. 2017-18 arises from the order of Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi dt.12.10.2023 invoking proceedings under section 143(3) of the Income Tax Act, 1961 (in short, “the Act”). 2. The grounds raised by the assessee reads ... thus brought to tax U/S 69A if IT Act as per the provisions of Sec 115BBE of IT Act w.e.f 1.4.2017. 2. The CIT(NFAC) has erred in deciding the appeal without considering the submission of the Assessee that the cash deposits to the tune

Key Point Technologies (India) Private Limited, Hyderabad vs. ACIT, Circle 2(1), Hyderabad

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

ITA 252/HYD/2021[2016-17]Status: DisposedITAT Hyderabad08 May 2024AY 2016-17

Bench: Shri Laliet Kumar, Hon’Ble & Shri Manjunatha, G. Hon’Ble Accounant Member Assessment Year: 2016-17 Key Point Technologies Vs. The Assistant Commissioner (India) Private Limited, Of Income Tax, Rajaprasadamu, Circle – 2(1), Level 2, Wing 1B & 2, Hyderabad. Botanical Gardens Road, Kondapur, Hyderabad – 500 084. Pan : Aadck1115A (Appellant) (Respondent) Assessee By: Shri Ravi Bharadawaj, C.A. Revenue By: Shri Kumar Pranav, Cit-Dr Date Of Hearing: 06.05.2024 Date Of Pronouncement: 08.05.2024 O R D E R Per Laliet Kumar, J.M. The Appeal Of The Assessee For A.Y. 2016-17 Arises From The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi Dt.23.04.2021 Invoking Proceedings Under Section 143(3) R.W.S. 144C(13) Of The Income Tax Act, 1961 (In Short, “The Act”). 2. The Brief Facts Of The Case Are That Assessee Is A Company Engaged In The Development Of Mobile Application Software – User Interface Technology. The Assessee Company Filed Its Return Of Income For A.Y. 2016-17 On 30.11.2016 Admitting A Loss Of Rs.84,13,338/- & Deemed Total Income U/S 115Jb Of The Act Was Admitted At (-) Rs.84,83,289/-. The Return Filed Was Taken Up For Limited Scrutiny To Verify Whether Value Of International Transactions Is Correctly Shown In Form 3Ceb & Return Of Income. Accordingly, A Notice U/S 143(2) Of The Act Was Issued To The Assessee On 17.07.2017. In Response To The Notices, Assessee Furnished Information Called For & The Same Was Verified.

For Appellant: Shri Ravi Bharadawaj, C.AFor Respondent: Shri Kumar Pranav, CIT-DR
Section 115JSection 143(2)Section 143(3)Section 144C(1)Section 144C(5)Section 92C

appeal of the assessee for A.Y. 2016-17 arises from the order of Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi dt.23.04.2021 invoking proceedings under section 143(3) r.w.s. 144C(13) of the Income Tax Act, 1961 (in short, “the Act”). 2. The brief facts