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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

Anil Kumar Paik, Kolkata vs. ACIT, Cir-8(1), Kol, Kolkata

In the result, appeal of the assessee is allowed

ITA 492/KOL/2023[2017-18]Status: DisposedITAT Kolkata29 Feb 2024AY 2017-18

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 492/Kol/2023 Assessment Year: 2017-18 Anil Kumar Paik Acit, Circle-8(1), Kolkata C/O S.N. Ghosh & Associates, Advocates Vs 2, Garstin Place, 2Nd Floor Suite No. 203 Off Hare Street Kolkata - 700001 [Pan : Aflpp6567R] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Somnath Ghosh, Advocate Revenue By : Shri B.K. Singh, Jcit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 01/12/2023 घोषणा क" तारीख /Date Of Pronouncement: 29/02/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 15/03/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal:- “1. For That The Ld. Commissioner, Of Income Tax (Appeals)- N.F.A.C. Acted Unlawfully In Impliedly Sustaining; The Purported Addition Of Rs. 1,67.44,907/- Made The Ld. Assistant Commissioner, Of Income Tax, Circle 8(1) Kolkata By Invoking The Mischief U/S. 43Ca Of The Income Tax Act, 1961 Without Satisfying The Parameters Thereof & The Adverse Conclusion Reached On That Behalf In Violation Of The Statutory Prescription Is Completely Unfounded, Unjustified & Untenable In Law. 2. For That The Specious Approach Of The Ld. Commissioner Of Income Tax (Appeals)-N.F.A,C. Of Misreading Evidence, Considering Improper Facts

For Appellant: Shri Somnath Ghosh, AdvocateFor Respondent: Shri B.K. Singh, JCIT, Sr. D/R
Section 145Section 250Section 43C

considerations not relevant to the issue is wholly illegal, illegitimate, and infirm in law. 3. FOR THAT the Ld. Commissioner of Income Tax (Appeals), NFAC foiled to appreciate that none, of the conditions precedent existed for and/or were fulfilled by the Ld. Assistant Commissioner of Income Tax, Circle

Crystal City Mall Private Limited, Santacruz (West), Mumbai vs. ITO Ward 12 (1) (1), Mumbai

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

ITA 3867/MUM/2023[2018-2019]Status: DisposedITAT Mumbai29 Feb 2024AY 2018-2019

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.3867/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2018-19) Crystal City Mall Pvt. Ltd. बिधम/ National E-Assessment 2Nd Floor, Crystal Shopping Centre, Delhi Vs. Arcade, Opp. Indian Bank, Ito, Ward-12(1)(1) S. V. Road, Santacruz Aayakar Bavan, Mumbai- (West), Mumbai-400054. 400020. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aadcc4943J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Rahul Hakani Revenue By: Shri H. M. Bhatt (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 28/02/2024 घोषणा की तारीख /Date Of Pronouncement: 29/02/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 27.09.2023 For The Assessment Year 2018-19. 2. At The Outset, The Ld. Ar Of The Assessee Pointed Out That The Impugned Order Of The Ld. Cit(A) Is An Exparte Order; & He Also Pointed Out That The Ao Has Passed The Order U/S 144 Of The Income Tax Act, 1961 (Hereinafter “The Act”) I.E. Best Judgment Assessment. According To The Ld. Ar, The Assessee Was Unable To Attend Before The Ao Inter-Alia On Account Of Covid-19 Pandemic & For The Following Reasons As Under: -

For Appellant: Shri Rahul HakaniFor Respondent: Shri H. M. Bhatt (Sr. DR)
Section 142(1)Section 144Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL “C” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM AND SHRI S RIFAUR RAHMAN

M/S Priyanka International Prop, Kishor Chugh., Mumbai vs. Income Tax Officer 28(2)(1), Mumbai

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

ITA 3761/MUM/2023[2011-12]Status: DisposedITAT Mumbai29 Feb 2024AY 2011-12

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.3761/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2011-12) M/S. Priyanka International बिधम/ Ito, Ward-28(2)(1) Flat No. 402, Plot No. 402, 3Rd Floor, Tower No. 6, Vs. Pleasant View, Sector-14, Vashi Railway Station Vashi Navi Mumbai- Commercial Complex, 400705. Vashi, Navi Mumbai- 400703. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Actpc6423G (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Roshan Ochani Revenue By: Shri H. M. Bhatt (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 27/02/2024 घोषणा की तारीख /Date Of Pronouncement: 29/02/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 31.12.2022 For The Assessment Year 2011-12. 2. At The Outset, The Ld. Ar Brought To Our Notice That The Impugned Order Of The Ld. Cit(A) Is An Exparte Order Because Assessee Didn’T Respond To His Two Notices Issued On 02.11.2022 & 18.11.2022. 3. The Ld. Ar Also Brought To Our Notice That The Appeal Is Time Barred & Assessee Had Filed Condonation Application For Condoning Two Hundred (200) Days Delay In Filing The Appeal Before This Tribunal; & That The Assessee Had Filed An Affidavit Explaining The Facts Which Led To The Delay Caused In Filing Of Appeal. From The Content Of The Affidavit, We Note That The Assessee Is A Proprietor Of M/S. Priyanka International & Is A Senior Citizen; & Had Entrusted His Case To Shri V. N. Ahirekar & Co. (Mr. Hemant Shelar) To Appear Before The Ao

For Appellant: Shri Roshan OchaniFor Respondent: Shri H. M. Bhatt (Sr. DR)
Section 250(6)

Chachra and Associates (Mr. Gulab Chachra). However, according to the assessee neither assessee nor Mr. Gulab Chachra received any notice/email/message in WhatsApp from NFAC (First Appellate Authority) prior to passing of impugned order dated 31.12.2022. And later on learnt that notices were erroneously sent to the previous