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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

Gujarat Safety Council, Vadodara vs. The ITO, Ward Exemption, Vadodara

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

ITA 686/AHD/2023[2013-14]Status: DisposedITAT Ahmedabad20 Mar 2024AY 2013-14

Bench: Shri Ramit Kochar & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 686/Ahd/2023 ("नधा"रण वष" / Assessment Year : 2013-14) Gujarat Safety Council Income Tax Officer, बनाम/ 4Th Floor, Midway Height, Ward-Exemption, Vs. Kirti Mandir, Kalaghoda, Vadodara Station Road, Vadodara 390001 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaatg0943L (Appellant) .. (Respondent) Shri Parin S Shah, Ar अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Shri Sudhendu Das, Cit. Dr 25/01/2024 Date Of Hearing 25 /01/2024 (Signed By The Jm Date Of Pronouncement On 20/03/2024 O R D E R Per Ms. Madhumita Roy - Jm: The Instant Appeal Filed At The Instance Of The Assessee Is Directed Against The Order Dated 17.08.2023 Passed By The National Faceless Appeal Centre (Nfac), Delhi, Arising Out Of The Order Dated 30.12.2015 Passed By The Ito, Exemptions Ward, Vadodara, Under Section 143(3) Of The Act For Assessment Year 2013-14. The Ld. Cit(A) Dismissed The Appeal As The

For Respondent: Shri Sudhendu Das, CIT. DR
Section 143(3)Section 249(3)

instant appeal filed at the instance of the assessee is directed against the order dated 17.08.2023 passed by the National Faceless Appeal Centre (NFAC), Delhi, arising out of the order dated 30.12.2015 passed by the ITO, Exemptions Ward, Vadodara, under Section 143(3) of the Act for Assessment Year

Rajesh Hariram Mohta, Ahmedabad vs. The ITO, Ward-6(1)(1), Ahmedabad

The appeal of the assessee is allowed

ITA 1125/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad20 Mar 2024AY 2017-18

Bench: Mrs. Annapurna Gupta & Shri T.R. Senthil Kumarassessment Year : 2017-18 Vs. Rajesh Hariram Mohta, Income-Tax Officer, 45, Jay Nagar Society, Ward-6(1)(1), B/H. Sardar Patel Hospital, Ahmedabad Rambaug, Maninagar, Ahmedabad-380008 Pan : Abopm 4792 N अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Dhinal Shah & Shri Bhadresh Gandhakwala, Ars Revenue By : Shri Urjit B. Shah, Sr. Dr सुनवाई की तारीख/Date Of Hearing : 07/03/2024 घोषणा की तारीख /Date Of Pronouncement: 20/03/2024 आदेश/O R D E R Per Annapurna Guptapresent Appeal Has Been Filed By The Assessee Against Order Of The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)" For Short] Dated 03.11.2023 Passed Under Section 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act" For Short], For The Assessment Year (Ay) 2017-18. 2. The Ground Raised By The Assessee Is As Under:- “The Learned Cit(A) Has Erred In Confirming The Addition Of Rs.29,55,000/- Being Cash Deposited In The Bank Account Under Section 69A Inasmuch As The Cash Deposited Is Out Of Cash On Hand [Which Is Out Of Cash Sales & Cash Withdrawn] From The Business & That The Entire Amount Is From Explained Sources.” Rajesh Hariram Mohta Vs. Ito Ay : 2017-18 2

For Appellant: Shri Dhinal Shah &For Respondent: Shri Urjit B. Shah, Sr. DR
Section 142(1)Section 250Section 69A

GUPTA, ACCOUNTANT MEMBER Present appeal has been filed by the assessee against order of the Commissioner of Income-tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as "CIT(A)" for short] dated 03.11.2023 passed under Section 250 of the Income-tax Act, 1961 [hereinafter referred

Manohar Machhindra Thakur, Raigad vs. ITO, Ward 2, Panvel

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

ITA 1331/PUN/2023[2019-20]Status: DisposedITAT Pune20 Mar 2024AY 2019-20

Bench: Shri Partha Sarathi Chaudhury & Shri G.D. Padmahshalimanohar Machhindra Thakur, Vs Ito, Ward-2, Panvel. Dhutum Uran, Raigad-400702 Maharashtra. Pan: Ajjpt 7526 Q Appellant Respondent Assessee By : Shri Sharad Shah, Ar Revenue By : Shri Umesh Phade, Addl.Cit Date Of Hearing : 20/03/2024 Date Of Pronouncement : 20/03/2024 Order Per Partha Sarathi Chaudhury, Jm: This Appeal Preferred By The Assessee Emanates From The Order Of National Faceless Appeal Centre [Nfac], Delhi, Dated 31.10.2023 For A.Y.2019-20 As Per The Following Grounds Of Appeal:- “1. The Ld.Ao Erred In Taxing & Ld. Cit(A) Erred In Confirming The Amount Of Interest Received Of Rs. 5,17,55,606/- U/Sec. 28 Of The Land Acquisition Act & Thereby Erred In Taxing Rs. 2,58,77,803/- (After Giving 50% Deduction U/Sec. 57(Iv)). 2. Without Prejudice To Above, The Ld.Ao Be Directed To Consider Only My Share I.E. 1/5Th Only As Interest U/Sec. 28 & That Much Only Be Taxed After Giving 50% Deduction. 3. The Appellant Craves Its Right To Add To Or Alter The Grounds Of Appeal At Any Time Before Or During The Course Of Hearing Of The Case.”

For Appellant: Shri Sharad Shah, ARFor Respondent: Shri Umesh Phade, Addl.CIT
Section 143(2)Section 143(3)Section 28Section 57

pronouncement : 20/03/2024 ORDER Per PARTHA SARATHI CHAUDHURY, JM: This appeal preferred by the assessee emanates from the order of National Faceless Appeal Centre [NFAC], Delhi, dated 31.10.2023 for A.Y.2019-20 as per the following grounds of appeal:- “1. The ld.AO erred in taxing and ld. CIT(A) erred in confirming ... u/sec. 57(iv) of the Act. 3. Being aggrieved by the order of AO, the assessee preferred appeal before the NFAC. The NFAC, after considering the detailed submissions made by the assessee as well as assessment order, has held at pra 5.5. of its order, as follows:- 2 Manohar Machhindra

Candid Industries Limited, Hyderabad vs. DCIT., Circle-1(1), Hyderabad

In the result, appeal filed by the assessee for the A

ITA 86/HYD/2024[2016-17]Status: DisposedITAT Hyderabad20 Mar 2024AY 2016-17

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumarआ.अपी.सं /Ita Nos.82 & 86/Hyd/2024 (िनधा"रण वष" / Assessment Years: 2013-14 & 2016-17) Candid Industries Vs. Dy. C. I. T. Hyderabad Circle 1(1) Pan:Aaace4493Q Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P. Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Smt. Sheetal Sarin, Dr सुनवाई की तारीख/Date Of Hearing: 19/03/2024 घोषणा की तारीख/Pronouncement: 20/03/2024

For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: : Smt. Sheetal Sarin, DR
Section 142(1)Section 147Section 148Section 271(1)(c)Section 68Section 69A

Laliet Kumar, J.M These three appeals filed by the assessee are directed against the separate orders dated 15/09/2023 of the learned CIT (A)-NFAC, Delhi relating to A.Ys. 2013-14 & 2016-17 respectively. Since common issues are involved in these two appeals, for the sake of convenience, these were heard ... difficulty in arranging documents & due to technical glitches faced in submitting response assessee was unable to provide its response to notices issued by NFAC. Subsequently the A.O without having any bonafde belief that the assessees income has escaped assessment and without providing proper opportunity of being heard and without considering

Candid Industries Limited, Hyderabad vs. DCIT., Circle-1(1), Hyderabad

In the result, appeal filed by the assessee for the A

ITA 82/HYD/2024[2013-14]Status: DisposedITAT Hyderabad20 Mar 2024AY 2013-14

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumarआ.अपी.सं /Ita Nos.82 & 86/Hyd/2024 (िनधा"रण वष" / Assessment Years: 2013-14 & 2016-17) Candid Industries Vs. Dy. C. I. T. Hyderabad Circle 1(1) Pan:Aaace4493Q Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P. Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Smt. Sheetal Sarin, Dr सुनवाई की तारीख/Date Of Hearing: 19/03/2024 घोषणा की तारीख/Pronouncement: 20/03/2024

For Appellant: Shri P. Murali Mohan Rao, CAFor Respondent: : Smt. Sheetal Sarin, DR
Section 142(1)Section 147Section 148Section 271(1)(c)Section 68Section 69A

Laliet Kumar, J.M These three appeals filed by the assessee are directed against the separate orders dated 15/09/2023 of the learned CIT (A)-NFAC, Delhi relating to A.Ys. 2013-14 & 2016-17 respectively. Since common issues are involved in these two appeals, for the sake of convenience, these were heard ... difficulty in arranging documents & due to technical glitches faced in submitting response assessee was unable to provide its response to notices issued by NFAC. Subsequently the A.O without having any bonafde belief that the assessees income has escaped assessment and without providing proper opportunity of being heard and without considering