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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

Vibha Subhash Singh, Kharghar vs. ITO Ward-2(2), Kalyan

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

ITA 3740/MUM/2023[2013-14]Status: DisposedITAT Mumbai29 Feb 2024AY 2013-14

Bench: Shri Kuldip Singh & Shri Amarjit Singhvibha Subhash Singh Vs. Income Tax Officer- 1601 Viswahans, Sector Nfac, Ward 2(2) 35D, Near Bank Of India, Mohan Plaza, 2Nd Floor, Kharghar – 410210 Wayale Nagar, Khadakpada, Kalyan (W), Kalyan - 421301 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Apsps5258R Appellant .. Respondent Appellant By : Rajeev Waglay Respondent By : S. Arunkumar Date Of Hearing 28.02.2024 Date Of Pronouncement 29.02.2024 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A) Nfac, Dated 07.08.2023 For A.Y. 2013-14. The Assessee Has Raised The Following Grounds Before Us: “I. Confirming The Addition Of Rs. 24,97,500 U/S. 69 Of Income Tax Act, 1961 On The Ground That The Appellant Had Neither Tendered The Income Tax Return Nor The Details Of Investment As Stated By The Assessing Officer Without Appreciating The Fact That The Appellant Had Filed The Return Of Income In Response To Notice U/S. 148 On 21.9.2021 Under Acknowledgment No. 550248700210921 & That This Return Was Very Much Available On Income Tax Portal. Ii. Confirming The Above Addition Without Appreciating The Fact That When The Appellant Had Invested Of Rs. 14,00,000 Only In The Property, Higher Value Could Not Have Been Attributed To The Appellant Without Any Basis.

For Appellant: Rajeev WaglayFor Respondent: S. Arunkumar
Section 139(1)Section 144Section 147Section 148Section 250Section 69

Vibha Subhash Singh Vs. ITO, NFAC, Ward 2(2) IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI KULDIP SINGH, JUDICIAL MEMBER & SHRI AMARJIT SINGH, ACCOUNTANT MEMBER Vibha Subhash Singh Vs. Income Tax Officer- 1601 Viswahans, Sector NFAC, Ward 2(2) 35D, Near Bank of India, Mohan Plaza ... Amarjit Singh (AM): This appeal filed by the assessee is directed against the order passed by the ld. CIT(A) NFAC, dated 07.08.2023 for A.Y. 2013-14. The assessee has raised the following grounds before us: “i. Confirming the addition of Rs. 24,97,500 u/s. 69 of Income

DCIT 22(1), Mumbai vs. Creations by Shanagar, Mumbai

In the result, appeal of Revenue for Assessment Year 2010-11

ITA 2476/MUM/2023[2016-17]Status: DisposedITAT Mumbai29 Feb 2024AY 2016-17

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.2476/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2016-17) Dcit-22(1) बिधम/ Creations By Shanagar Room No. 322, 3Rd Floor, 34, Auro Villa, St. Vs. Piramal Chamber, Lalbaug, Andrews Rd Santaxruz Mumbai-400012. (West), Mumbai-400054. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aacfc7957L (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Milin Bakhai 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 Revenue Against The Order Of The Ld. Commissioner Of Income Tax/Nfac, [Hereinafter Referred To As The “Cit”], Delhi Dated 16.05.2023 For Assessment Year 2016-17. 2. The Sole Issue Raised By The Revenue Is Against The Action Of The Ld. Cit(A) Deleting The Addition In Respect Of Commission Paid To Foreign Agent Amounting To Rs.1,61,90,101/-.

For Appellant: Shri Milin BakhaiFor Respondent: Shri H. M. Bhatt (Sr. DR)
Section 143(3)Section 195Section 9(2)

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