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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

Vikash Daga, Gurghaon vs. DCIT, Circle 3(1), Gurgaon

In the result, the appeal filed by the assessee is allowed

ITA 1812/DEL/2023[2018-19]Status: DisposedITAT Delhi18 Apr 2024AY 2018-19

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaassessment Year: 2018-19 Vikash Daga, Vs Dcit, D-022, The Belaire, Circle 3(1), Golf Course Road, Gurgaon. Dlf V, Gurgaon, Haryana – 122 002. Pan: Adipd4214E (Appellant) (Respondent) Assessee By : Shri Sanjeev Kachhal, Ca Revenue By : Shri Sumesh Swani, Sr. Dr Date Of Hearing : 24.01.2024 Date Of Pronouncement : 18.04.2024 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 08.05.2023 Of The Commissioner Of Income Tax (Appeals), Nfac, Delhi (Hereinafter Referred As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeal No.Nfac/2017-18/10084687 Arising Out Of The Appeal Before It Against The Order Passed U/S 143(3) R.W.S. 144B Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’), By The Ito, National Faceless Assessment Centre, Delhi (Hereinafter Referred To As The Ld. Ao).

For Appellant: Shri Sanjeev Kachhal, CAFor Respondent: Shri Sumesh Swani, Sr. DR
Section 139(1)Section 143(1)Section 143(3)Section 234ASection 90

ORDER PER ANUBHAV SHARMA, JM: This appeal is preferred by the Assessee against the order dated 08.05.2023 of the Commissioner of Income Tax (Appeals), NFAC, Delhi (hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’) in Appeal No.NFAC/2017-18/10084687 arising out of the appeal before it against ... from double taxation on the same income. 2 On the facts and circumstances of the case, neither the Ld. AO nor the CIT (A), NFAC has not disputed the allowability of the foreign tax credit under 128 of Income Tax as the assessee has fulfilled all of the remaining conditions

Amitkumar S. Solanki, Vadodara vs. The ITO, Ward-2, Godhra

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

ITA 456/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad17 Apr 2024AY 2017-18

Bench: Ms. Suchitra Raghunath Kamble, Judical Member & Shri Narendra Prasad Sinhaआयकर अपील सं./I.T.A. No. 456/Ahd/2023 ("नधा"रण वष" / Assessment Years : 2017-18) Amitkumar S Solanki The Income Tax Officer बनाम/ 63, Narayan Green Ward - 2, Godhra Vs. Banglows, Sama Savli Road, Vadodra - 390024 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Bnips7919E (Appellant) .. (Respondent) Shri Palak Pavagadhi, A.R. अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Ms. Saumya Pandey Jain, Sr. Dr Date Of Hearing 15/04/2024 Date Of Pronouncement 17/04/2024 O R D E R Per Shri Narendra Prasad Sinha, Am: This Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi, Dated 23.11.2022 For The Assessment Year 2017-18. 2. The Assessee Had Filed His Return Of Income For A.Y. 2017- 18 Declaring An Income Of Rs.49,44,188/-. The Return Was Processed U/S. 143(1) Of The Act On 20.03.2019 & While Processing The Return An Addition Of Rs.25,99,845/- Was Made In Respect Of Unpaid Employees’ Contribution To Epf/Esi U/S.

For Respondent: Ms. Saumya Pandey Jain, Sr. DR
Section 143(1)Section 250Section 36(1)(va)

SHRI NARENDRA PRASAD SINHA, AM: This appeal is filed by the assessee against the order of the National Faceless Appeal Centre (NFAC), Delhi, dated 23.11.2022 for the Assessment Year 2017-18. 2. The assessee had filed his return of income for A.Y. 2017- 18 declaring an income of Rs.49