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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

Punit Popat, Kolkata vs. Itb, NFAC, Delhi

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

ITA 1359/KOL/2023[2018-19]Status: DisposedITAT Kolkata29 Apr 2024AY 2018-19

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.1359/Kol/2023 Assessment Year : 2018-19 Punit Popat………………..….….…………............…...……………....Appellant C/O Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite 213, 2Nd Floor, Kolkata- 7000069. [Pan: Aflpp3320E] Vs. Ito, Nfac, Delhi……….…….............................................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Ar, Appeared On Behalf Of The Appellant. Shri Pradip Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 08, 2024 Date Of Pronouncing The Order : April 29, 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 11.10.2023 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 For That The Ld. Cit(A) Was Not Justified In Passing The Order Ex Parte Without Affording Reasonable Opportunity Of Hearing. 2. For That The Ld. Cit(A) Was Not Justified In Confirming The Action Of The Ao In Denying The Deduction Claimed By The Assessee Of Rs. 4,38,673/- On Account Of Interest Of Housing Loan U/S 24(B) Of The Act.

Section 10(32)Section 24Section 250Section 57Section 80C

Punit Popat………………..….….…………............…...……………....Appellant C/o Subash Agarwal & Associates, Advocates, Siddha Gibson, 1, Gibson Lane, Suite 213, 2nd Floor, Kolkata- 7000069. [PAN: AFLPP3320E] vs. ITO, NFAC, Delhi……….…….............................................…..…..... Respondent Appearances by: Shri Siddharth Agarwal, AR, appeared on behalf of the appellant. Shri Pradip Biswas, Addl. CIT-DR, appeared on behalf of the Respondent ... सद"य/Accountant Member "या"यक सद"य/Judicial Member Dated: 29.04.2024. RS Copy of the order forwarded to: 1. Punit Popat 2. ITO, NFAC, Delhi 3.CIT (A)- 4. CIT- , 5. CIT(DR), I.T.A. No.1359/Kol/2023 Assessment Year : 2018-19 Punit Popat //// By order

Bihari Distributors Pvt. Ltd., Nagpur vs. ITO, Ward-14(1), Kolkata.

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

ITA 1315/KOL/2023[2009-10]Status: DisposedITAT Kolkata29 Apr 2024AY 2009-10

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.1315/Kol/2023 Assessment Year : 2009-10 Bihari Distributors Pvt. Ltd…..…………............…...……………....Appellant H. No.240, Ambazari Layout, Nagpur, Maharashtra-440010. [Pan: Aadcb6286B] Vs. Ito, Ward-14(1), Kolkata….............................................…..…..... Respondent Appearances By: Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Appellant. Shri S. Datta, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 31, 2024 Date Of Pronouncing The Order : April 29, 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 13.10.2023 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 The Order Passed U/S 250 Is Bad In Law As Well As On Facts Of The Case. 2. That The Hon'Ble Cit(A), Nfac Erred In Law As Well As On Facts Of The Case In Not Providing Reasonable Opportunity Of Hearing To The Appellant. 3. That The Hon'Ble Cit(A), Nfac Erred In Law As Well As On Facts Of The Case By Confirming The Addition Made By Ld. Assessing Officer In Respect Of Share Capital Received During The Year To The Tune Of

Section 250Section 68

Order passed u/s 250 is bad in law as well as on facts of the case. 2. That the Hon'ble CIT(A), NFAC erred in law as well as on facts of the case in not providing reasonable opportunity of hearing to the appellant. 3. That ... NFAC erred in law as well as on facts of the case by confirming the addition made by Ld. Assessing Officer in respect of share capital received during the year to the tune of I.T.A. No.1315/Kol/2023 Assessment Year : 2009-10 Bihari Distributors Pvt. Ltd. Rs.14,22,39,000/- by treating

Srei Infrastructure Finance Limited, Kolkata vs. ACIT, Cir-11(1), Kol, Kolkata

In the result, appeal of the assessee is allowed

ITA 1157/KOL/2023[2017-18]Status: DisposedITAT Kolkata29 Apr 2024AY 2017-18

Bench: Shri Rajpal Yadav & Dr. Manish Boradi.T.A. No.1157/Kol/2023 Assessment Year: 2017-18 Srei Infrastructure Finance Ltd. ………. Appellant (Pan: Aaacs1425L) Vs. Acit, Circle-11(1), Kolkata ……. Respondent Appearances By: Shri S. K. Tulsiyan, Advocate & Sm. Lata Goyal, Aca Appeared For Appellant Shri S. Datta, Cit, Dr Appeared For Respondent . Date Of Hearing : 07.02.2024 Date Of Pronouncing The Order : 29.04.2024 Order Per Manish Borad: This Appeal Filed By The Assessee Pertaining To The Assessment Year (In Short “Ay”) 2017-18 Is Directed Against The Order Passed U/S 250 Of The Income Tax Act, 1961 In Short The “Act”) By Ld. Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [In Short Ld. “Cit(A)”] Dated 05.09.2023 Arising Out Of The Assessment Order U/S. 154 R,W,S, 143(3) Of The Act By Acit, Circle-11(1), Kolkata Dated 12.07.2022. 2. Grounds Of Appeal Raised By The Assessee Are Reproduced As Under: “1. That On The Facts & In The Circumstances Of The Case, The Learned Commissioner Of Income Tax (Appeal), [Here- In- After Referred To As Ld. Cit(A)] Was Not Justified & Grossly Erred In Not Granting The Interest U/S. 244A Of The Income Tax Act, 1961 ('The Act').

Section 115JSection 139(1)Section 143(2)Section 154Section 244ASection 244A(2)Section 250

passed u/s 250 of the Income Tax Act, 1961 in short the “Act”) by Ld. Commissioner of Income-tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [in short Ld. “CIT(A)”] dated 05.09.2023 arising out of the Assessment order ... Appellant – Srei Infrastructure Finance Ltd., 86C, Vishwakarma, Topsia Road (South), Topsia, Kolkata-700046. 2. Respondent – ACIT, Circle11(1), Kolkata. 3. CIT(A)- NFAC, Delhi 4. CIT 5. Departmental Representative 6. Guard File.By order

Ranbhumi Nirman Pvt. Ltd., Kolkata vs. I.T.O., NFAC, Delhi / I.T.O., Ward - 4(1), Kolkata

The appeals are treated as allowed for statistical purposes

ITA 728/KOL/2022[2014-2015]Status: DisposedITAT Kolkata29 Apr 2024AY 2014-2015

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. Nos.727&728/Kol/2022 Assessment Years: 2013-14 & 2014-15 Ranbhumi Nirman Pvt Ltd.………………............…...……………....Appellant Mercantile Building, 9/12, Lal Bazar Street, Block-B, 2Nd Floor, Room No.10, Kolkata-1. [Pan: Aafcr6772E] Vs. Ito, Nfac, Delhi…………...............................................…..…..... Respondent Appearances By: Shri Joydeep Chakrabotry, Advocate, Appeared On Behalf Of The Appellant. None Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 25, 2024 Date Of Pronouncing The Order : April 29, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Dated 15.10.2022 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’). Since Common Issues Are Involved In Both The Appeals, Hence These Have Been Heard Together & Are Being Disposed Of By This Common Order. The Assessee’S Appeal Ita No.727/Kol/2022 Is Taken As The Lead Case For The Purpose Of Narration Of Facts. 2. Ita No.727/Kol/2022 – The Assessee In This Appeal Has Taken The Following Grounds Of Appeal:

Section 148Section 234Section 250

Ranbhumi Nirman Pvt Ltd.………………............…...……………....Appellant Mercantile Building, 9/12, Lal Bazar Street, Block-B, 2nd Floor, Room No.10, Kolkata-1. [PAN: AAFCR6772E] vs. ITO, NFAC, Delhi…………...............................................…..…..... Respondent Appearances by: Shri Joydeep Chakrabotry, Advocate, appeared on behalf of the appellant. None appeared on behalf of the Respondent. Date of concluding the hearing ... foregoing grounds before, or at the time of hearing of appeal. PRAYER: It is prayed that the order passed by the Income Tax Officer, NFAC, Delhi be set aside and full relief may be granted to the appellant.” 3. At the outset, the ld. Counsel for the assessee has invited

Ranbhumi Nirman Pvt. Ltd., Kolkata vs. I.T.O., NFAC, Delhi / I.T.O., Ward - 4(1), Kolkata

The appeals are treated as allowed for statistical purposes

ITA 727/KOL/2022[2013-2014]Status: DisposedITAT Kolkata29 Apr 2024AY 2013-2014

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. Nos.727&728/Kol/2022 Assessment Years: 2013-14 & 2014-15 Ranbhumi Nirman Pvt Ltd.………………............…...……………....Appellant Mercantile Building, 9/12, Lal Bazar Street, Block-B, 2Nd Floor, Room No.10, Kolkata-1. [Pan: Aafcr6772E] Vs. Ito, Nfac, Delhi…………...............................................…..…..... Respondent Appearances By: Shri Joydeep Chakrabotry, Advocate, Appeared On Behalf Of The Appellant. None Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 25, 2024 Date Of Pronouncing The Order : April 29, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Captioned Appeals Have Been Preferred By The Assessee Against The Separate Orders Dated 15.10.2022 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’). Since Common Issues Are Involved In Both The Appeals, Hence These Have Been Heard Together & Are Being Disposed Of By This Common Order. The Assessee’S Appeal Ita No.727/Kol/2022 Is Taken As The Lead Case For The Purpose Of Narration Of Facts. 2. Ita No.727/Kol/2022 – The Assessee In This Appeal Has Taken The Following Grounds Of Appeal:

Section 148Section 234Section 250

Ranbhumi Nirman Pvt Ltd.………………............…...……………....Appellant Mercantile Building, 9/12, Lal Bazar Street, Block-B, 2nd Floor, Room No.10, Kolkata-1. [PAN: AAFCR6772E] vs. ITO, NFAC, Delhi…………...............................................…..…..... Respondent Appearances by: Shri Joydeep Chakrabotry, Advocate, appeared on behalf of the appellant. None appeared on behalf of the Respondent. Date of concluding the hearing ... foregoing grounds before, or at the time of hearing of appeal. PRAYER: It is prayed that the order passed by the Income Tax Officer, NFAC, Delhi be set aside and full relief may be granted to the appellant.” 3. At the outset, the ld. Counsel for the assessee has invited