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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

ITO-27(1)(5), Income Tax Office Vashi vs. J.V.Chem India, B Neelkanth Chhaya, R.B. Mehta

In the result, the appeal of the revenue is dismissed

ITA 2634/MUM/2023[2010-11]Status: DisposedITAT Mumbai07 Mar 2024AY 2010-11

Bench: Shri Kuldip Singh & Shri Amarjit Singhito-27(1)(5) Vs. J.V. Chem India, Room No.410, 4Th Floor, B Neelkanth Chhahya, Tower No.6, Vashi Railway R.B. Mehta Road Station, Mumbai – 400703 Ghatkopar East Maharashtra – 400077 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Aabfj4268L Appellant .. Respondent Appellant By : S. Arunkumar Respondent By : None Date Of Hearing 28.02.2024 Date Of Pronouncement 07.03.2024 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Revenue In Electronic Mode Is Directed Against The Order Passed By The Ld. Cit(A) For A.Y. 2010-11. The Revenue Has Raised The Following Grounds Before Us: “1. Whether On The Facts & Circumstances Of The Case, The Ld. Cit(A) Has Lied To Appreciate The Fact That The Re-Opening Of Assessment Was Done By The Ao After Taking Prior Approval & Also Recording The Reasons That Entire Purchase Of Rs. 21,15,881/- Representing Accommodation Entries (As Per Information & Investigation Report Received From Dgit (Inv.) Mumbai, Based On Information Provided By Sales Tax Department), Should Have Been Disallowed. 2. Whether On The Facts & Circumstances Of The Case, The Id. Cit(A) Erred In Quashing The Assessment Proceeding Witl.At Appreciating That In The Case Of Bogus Purchase Transactions, Hon'Ble Gujarat High Court Upheld The Disallowance Of 100% In The Case Of N.K. Proteins Which Was Subsequently Confirmed By The Hon'Ble Supreme Court.

For Appellant: S. ArunkumarFor Respondent: None
Section 133(6)Section 143(3)Section 147Section 148Section 69

assessee, the same was understood from the reason for re-opening recorded. 5. The appellant prays that the order of the CIT(A) NFAC on the above grounds be set aside and that of the assessing officer restored. 6. The appellant craves leave to amend or alter any ground