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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

Mahadevaiah Mdabal Kempaiah, Bengaluru vs. Income Tax Officer, Ward-3(3)(1), Bengaluru

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

ITA 1173/BANG/2023[2016-17]Status: DisposedITAT Bangalore29 Mar 2024AY 2016-17

Bench: Shri George George K. & Shri Chandra Poojariassessment Year: 2016-17 Mahadevaiah Madabal Kempaiah No.139, “Nemmadi” 2Nd Main Road Health Layout Ito Annapoorneshwarinagar Ward-3(3)(1) Vs. Bengaluru 560 091 Bengaluru Karnataka Pan No.Angpk1135M Assessee Respondent Assessee By : Smt. Suman Lunkar, A.R. Revenue By : Smt. Akta Jain B., D.R. Date Of Hearing : 29.02.2024 Date Of Pronouncement : 29.02.2024 O R D E R Per Chandra Poojari: This Appeal By Assessee Is Directed Against Order Of Nfac Dated 24.11.2023 For The Assessment Year 2016-17 Passed U/S 250 Of The Income Tax Act, 1961 (In Short “The Act”). The Assessee Has Raised Following Grounds Of Appeal: 1. “The Learned Assessing Officer Has Erred In Passing The Assessment Order In The Manner Passed. & The Impugned Order As Passed Being Bad In Law Is Required To Be Quashed. 2. The Learned Commissioner Of Income-Tax (Appeals)-Nfac, Delhi Has Erred In Passing The Impugned Order In The Manner Passed. The Impugned Order Having Been Passed Without Hearing The Appellant & In Total Violation Of Principles Of Natural Justice Is Bad In Law & Void Ab-Initio & Is Liable To Be Quashed. Mahadevaiah Madabal Kempaiah, Bengaluru Page 2 Of 4 3. In Any Case, The Learned Commissioner Of Income Tax (Appeals) Has Erred In Confirming The Order As Passed By Income Tax Officer In Taxing A Sum Of Rs. 1,52,55,923/- As Income From Capital Gains By Holding That The Appellant Had Sold Not An Agricultural Land But An Industrially Converted Land. The Facts & Circumstances Of The Case Have Not Been Appreciated By The Lower Authorities. On Proper Appreciation, It Would Be Clear That What Was Transferred By The Appellant Was An Agricultural Land Which Was Not A Capital Asset & Therefore, Gain On Such Land Not Assessable To Capital Gains.

For Appellant: Smt. Suman Lunkar, A.RFor Respondent: Smt. Akta Jain B., D.R
Section 234BSection 250Section 54B

Date of Pronouncement : 29.02.2024 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: This appeal by assessee is directed against order of NFAC dated 24.11.2023 for the assessment year 2016-17 passed u/s 250 of the Income Tax Act, 1961 (in short “The Act”). The assessee has raised following ... passed. And the impugned order as passed being bad in law is required to be quashed. 2. The learned Commissioner of Income-tax (Appeals)-NFAC, DELHI has erred in passing the impugned order in the manner passed. The impugned order having been passed without hearing the appellant and in total

Anil Kumar HUF, New Delhi vs. ITO Ward 49(1), New Delhi

The appeal is allowed for statistical purposes

ITA 2098/DEL/2023[2016-17]Status: DisposedITAT Delhi29 Mar 2024AY 2016-17

Bench: Shri G.S. Pannu, Hon’Ble & Shri Anubhav Sharmaassessment Year: 2016-17 Anil Kumar, Huf, Vs Ito, Ward 49(1), B-17/4, Ramesh Nagar, New Delhi. New Delhi – 110 015. Pan: Aafha2224P (Appellant) (Respondent) Assessee By : Shri S.L. Deepak, Ca Revenue By : Shri Kanav Bali, Sr. Dr Date Of Hearing : 20.02.2024 Date Of Pronouncement : 29.02.2024 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 06.06.2023 Of The Commissioner Of Income Tax (Appeals), Nfac, Delhi (Hereinafter Referred As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeal No.Cit(A), Delhi-17/10218/2018-19 Arising Out Of The Appeal Before It Against The Order Dated 20.12.2018, Passed U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) By The Ito, Ward-49(1), Delhi (Hereinafter Referred To As The Ld. Ao). 2. Heard & Perused The Record. The Assessee, As Huf, Has Filed Return Of Income Declaring An Income Of Rs.2,45,000/- & The Case Of The Assessee Was Selected For Scrutiny Under Cass For The Reason Of Cash Deposit During Demonetization Period & The Ld. Ao, On The Basis Of Notices Issued & Replies Filed, Had Made An Addition To The Extent Of 20% Out Of Total Credit Entries Of Rs.2,42,63,815/- In Bank Account No.912020020658201 In The Name Of M/S Ravi Devi Enterprises. The Ld.Cit(A) Has Also Sustained The Addition.

For Appellant: Shri S.L. Deepak, CAFor Respondent: Shri Kanav Bali, Sr. DR
Section 143(3)

ORDER PER ANUBHAV SHARMA, JM: This appeal is preferred by the Assessee against the order dated 06.06.2023 of the Commissioner of Income Tax (Appeals), NFAC, Delhi (hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’) in appeal No.CIT(A), Delhi-17/10218/2018-19 arising out of the appeal

Barbate Automotive India Pvt. Ltd., Nagpur vs. Assistant Directore of Income Tax, CPC, Banglore

In the result, appeal of the assessee is dismissed

ITA 50/NAG/2023[2018-19]Status: DisposedITAT Nagpur28 Mar 2024AY 2018-19

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.50/Nag/2023 िनधा"रण वष" / Assessment Year :2018-19 Barbate Automotive India The Assistant Director Of Pvt. Ltd., V Income Tax, Cpc, Income K.H.No.63/6, Arya Cars, S Tax Department, Bhandara Road, Kapsi, Bengaluru – 560500. Nagpur – 441202. Pan: Aadcb1189M Appellant/ Assessee Respondent/Revenue Assessee By Shri Rachit Thakar – Ar Revenue By Shri Abhay Y. Marathe – Sr.Dr Date Of Hearing 27/03/2024 Date Of Pronouncement 28/03/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of Ld.Commissioner Of Income Tax (Appeal)[Nfac]Dated 21.12.2022 For A.Y.2018-19 Passed Under Section 250 Of The Income Tax Act, 1961 Emanating From Order Under Section 154 Of The Act, Dated 28.02.2020 Passed By Asst. Commissioner Of Barbate Automotive India Pvt. Ltd., [A]

Section 143(1)Section 154Section 250Section 43B

DIPAK P. RIPOTE, AM: This is an appeal filed by the assessee directed against the order of ld.Commissioner of Income Tax (Appeal)[NFAC]dated 21.12.2022 for A.Y.2018-19 passed under section 250 of the Income Tax Act, 1961 emanating from order under section 154 of the Act, dated 28.02.2020 passed ... Automotive India Pvt. Ltd., [A] Income Tax(CPC). The assessee has raised the following grounds of appeal : “1. That the National faceless Appeal Centre (NFAC) /CIT (A) fails to consider the fact that the proceeding U/s 143(1) permit only prima-facie adjustment and debatable issue falls outside the ambit