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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

Sama Jewellery Private Limited, Mumbai vs. DCIT-8(1)(1), Mumbai

In the result, the appeal is partly allowed

ITA 3988/MUM/2023[2011-12]Status: DisposedITAT Mumbai30 Apr 2024AY 2011-12

Bench: Shri Narender Kumar Choudhry & Shri Ratnesh Nandan Sahaysama Jewellery Private Dcit-8(1)(1) 6Th Floor, Limited, 313, Vasan Udyog Bhavan, Aayakar Bhawan, Off Senapati Bapat Marg, M.K. Road, Vs. Lower Parel, Mumbai 400020 Mumbai 400013. Pan No. Aaaat3419K (Appellant) (Respondent) Assessee By : Shri Himanshu Gandhi – Ca : Shri Prashant Mahajan – Sr. Ar Revenue By Date Of Hearing: 16.04.2024 Date Of Pronouncement : 30.04.2024 O R D E R Per: Ratnesh Nandan Sahay: 1. This Appeal Has Been Filed Against The Order Of The Ld. Cit Appeal Passed U/S 250 Of The Income Tax Act [The ‘Act’ In Short] Vide Din & Order No. Itba/ Nfac/S/250/2023-24/1056140099(1) Dated 15.9.2023 For The Assessment Year 2011-12. 2. The Facts Of The Case, In Brief, Are That The Appellant Is A Private Limited Company Engaged In The Business Of Manufacturing & Trading Of Jewelry. For The Assessment Year Under Consideration, The Appellant Filed Its Return Of Income Electronically On 28.09.2011 Declaring Total Income Of Rs.1,35,53,039/- Which Was Processed U/S. 143(1) Of The Income Tax Act Accepting The Returned Income. 3. In The Meantime, A Survey U/S. 133A Was Conducted In The Business Premises Of The Appellant On 04.2.2011 & Certain Discrepancy Was Sama Jewellery Private Limited; A. Y.2011-12

For Appellant: Shri Himanshu Gandhi – CA
Section 131Section 133(6)Section 133ASection 143(1)Section 143(3)Section 147Section 148Section 250

IN THE INCOME TAX APPELLATE TRIBUNAL, MUMBAI BENCH “G”, MUMBAI BEFORE SHRI NARENDER KUMAR CHOUDHRY, JUDICIAL MEMBER AND SHRI RATNESH