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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

Income Tax Officer, Aayakar Bhawantarabai Park Kolhapur vs. Sadanand Shankarrao Korgaonkar, Laxmipuri Kolhapur

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

ITA 1274/PUN/2023[2018-19]Status: DisposedITAT Pune19 Mar 2024AY 2018-19

Bench: Shri Partha Sarathi Chaudhury & Dr. Dipak P. Ripoteito, Ward-1(1), Kolhapur. Vs Sadanand Shankarrao Korgaonkar, 1356 C Ward, Laxmipuri, Kolhapur (Mh) Pan : Aawpk 6188 K Appellant Respondent Assessee By : Shri Pramod S. Shingte, Ca Revenue By : Shri Keyur Patel, Dr Date Of Hearing : 14/03/2024 Date Of Pronouncement : 19/03/2024 Order Per Partha Sarathi Chaudhury, Jm: This Appeal Preferred By The Revenue Emanates From The Order Of National Faceless Appeal Centre [Nfac], Delhi, Dated 13.09.2023 For A.Y.2018-19 As Per The Following Revised Grounds Of Appeal:- “I. The Cit(A) Has Erred In Deleting The Addition Of Rs. 8,17,55,763/- Of Unexplained Cash Deposits. Ii. The Cit(A) Has Erred In Not Following The Procedure Laid Down Under Rule 46A As He Has Accepted The Additional Evidences Without Giving The Opportunity To The Ao. Iii. The Cit(A) Has Erred In Not Holding That The Cash Deposits In The Account Of Firm May Be Held To Be Partner’S Cash. Firm & Its Partners Are Integral Part. Iv. The Appellant Craves Leave To Add, Amend Or Alter Any Ground/Grounds, Which May Be Necessary.”

For Appellant: Shri Pramod S. Shingte, CAFor Respondent: Shri Keyur Patel, DR

pronouncement : 19/03/2024 ORDER Per PARTHA SARATHI CHAUDHURY, JM: This appeal preferred by the Revenue emanates from the order of National Faceless Appeal Centre [NFAC], Delhi, dated 13.09.2023 for A.Y.2018-19 as per the following revised grounds of appeal:- “i. The CIT(A) has erred in deleting the addition ... assessee instead of in the name of the firm. 2 Sadanand Shankarrao Korgaonkar That, after perusal of these evidences, at para 6.6 the NFAC has provided relief to the assessee. 4. The basic crux of the facts in this case are that the bank instead of recording

Sachin Yerrawar, Bhainsa vs. ITO - Ward -1, Nirmal

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

ITA 103/HYD/2024[2015-2016]Status: DisposedITAT Hyderabad19 Mar 2024AY 2015-2016

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumarआ.अपी.सं /Ita No.103/Hyd/2024 (निर्धारण वर्ष / Assessment Year: 2015-16) Shri Sachin Yerrawar Vs. Income Tax Officer Bhainsa, Ward 1 Nirmal District, Nirmal Telangana. Pan: Affpy2732K (Appellant) (Respondent) /Assessee By: Shri Pradeep Raj Kuna, Ca निर्धारितीती द्वारा /Revenue By:: Shri Shakeer Ahmed, Dr राजस्‍व द्वारा ई की तारीखरीख/Date Of Hearing: 14/03/2024 सुनवाई की तारीखरीख/Pronouncement: 19/03/2024 घोषणा

For Appellant: Shri Pradeep Raj Kuna, CAFor Respondent: : Shri Shakeer Ahmed, DR
Section 144Section 148Section 154Section 69A

आदेश/ORDER PER LALIET KUMAR, J.M This appeal filed by the assessee is directed against the order dated 04/12/2023 of the learned CIT (A)-,NFAC relating to A.Y.2015-16 2. Although a number of grounds have been raised by the assessee, however, these all relate to the order of the learned ... NFAC in confirming the disallowance of Rs.77,60,569/- made by the Assessing Officer u/s 69A of the I.T. Act. Page 1 of 5 ITA No 103 of 2024 Sachin Yerrawar 3. The appeal filed by the assessee is barred by limitation by 1 day. He has moved a condonation

The N.D.D. P and T E.C.C Society Ltd., Nellore vs. Income Tax Officer, Ward-1, Nellore

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

ITA 611/HYD/2023[2017-18]Status: DisposedITAT Hyderabad19 Mar 2024AY 2017-18

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumarआ.अपी.सं /Ita No.611/Hyd/2023 (निर्धारण वर्ष / Assessment Year: 2017-18) The Nddp & Tec Society Vs. Income Tax Officer Ltd, Ward-1 Nellore. Nellore. Pan:Aactt5322J (Appellant) (Respondent) /Assessee By: Shri M. Chandra Mouleswara निर्धारितीती द्वारा Rao, C.A /Revenue By: Shri Shakeer Ahmed, Sr.Ar राजस्‍व द्वारा ई की तारीखरीख/Date Of Hearing: 14/03/2024 सुनवाई की तारीखरीख/Pronouncement: 19/03/2024 घोषणा

For Appellant: Shri M. Chandra MouleswaraFor Respondent: Shri Shakeer Ahmed, Sr.AR
Section 139Section 142(1)Section 144Section 69ASection 80P

आदेश/ORDER PER LALIET KUMAR, J.M This appeal filed by the assessee is directed against the order dated 11.10.2023 of the learned CIT (A)-NFAC Delhi, relating to A.Y.2017-18. Page 1 of 8 ITA 611 of 2023 NDDP and TEC Society Ltd 2. Although a number of grounds have been ... raised by the assessee, however, these all relate to the order of the learned CIT (A) NFAC in confirming the addition of Rs.10,25,132/- made u/s 69A and Rs.1,33,80,460/- made by the Assessing Officer u/s 80P of the I.T. Act. 3. Facts of the case