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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

Rayat Sahakari Sakhar Karkhana Ltd, Satara vs. Income Tax Officer, Ward-1, Satara

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

ITA 371/PUN/2023[2013-14]Status: DisposedITAT Pune27 Feb 2024AY 2013-14

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhuryrayat Sahakari Sakhar Vs Ito, Ward-1, Satara. Karkhana Ltd., At Post Shewalewadi, Mhaso, Tal. Karad, Dist. Satara (Mh) Pan: Aabar 0241 C Appellant Respondent Assessee By : Shri Hanmant Dattatry Dhavle,Ca Revenue By : Shri Sourabh Nayak, Addl. Cit Date Of Hearing : 27/02/2024 Date Of Pronouncement : 27/02/2024 Order Per Partha Sarathi Chaudhury, Jm: This Appeal Preferred By The Assessee Emanates From The Order Of National Faceless Appeal Centre [Nfac], Delhi, Dated 31.01.2023 For A.Y.2013-14 As Per The Grounds Of Appeal On Record.

For Appellant: Shri Hanmant Dattatry Dhavle,CAFor Respondent: Shri Sourabh Nayak, Addl. CIT

pronouncement : 27/02/2024 ORDER Per PARTHA SARATHI CHAUDHURY, JM: This appeal preferred by the assessee emanates from the order of National Faceless Appeal Centre [NFAC], Delhi, dated 31.01.2023 for A.Y.2013-14 as per the grounds of appeal on record. 2. At the very outset, ld.AR of the assessee submitted referring to para ... order of NFAC that though there were sufficient opportunities given to the assessee, but assessee could respond to only one notice of hearing which was on 30/01/2023 and subsequently, the order was passed on 31/01/2023 i.e. immediately the next day. Therefore, ld.AR submitted that technically

Nagubabu Kuchibhotla, Hyderabad vs. Income Tax Officer, Ward-12(1), Hyderabad

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

ITA 28/HYD/2024[2020-21]Status: DisposedITAT Hyderabad27 Feb 2024AY 2020-21

Bench: Hon'Ble Justice (Retd.) C.V. Bhadang & Shri R.K. Panda, Vice-आ.अपी.सं /Ita No.28/Hyd/2024 (िनधा"रण वष"/Assessment Year: 2020-21) Shri Nagubabu Vs. Income Tax Officer Kuchibhotla Ward-12(1) Hyderabad Hyderabad Pan:Ahlpk3559L (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Adv. P Prabhakara Murthy राज" व "ारा/Revenue By:: Shri Shakeer Ahmed, Dr सुनवाई की तारीख/Date Of Hearing: 15/02/2024 घोषणा की तारीख/Pronouncement: 27/02/2024 Order Per R.K. Panda, Vice-. This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.02.2023 Of The Learned Cit (A)-Nfac, Delhi, Relating To A.Y.2020-21. 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 Upholding The Disallowance Of Rs.4,40,939/- Being Foreign Tax Credit Claimed By The Assessee By Way Of Tax Relief U/S 90 Of The I.T. Act, 1961. Page 1 Of 7

For Appellant: Adv. P Prabhakara MurthyFor Respondent: : Shri Shakeer Ahmed, DR
Section 139(1)Section 143(1)Section 154Section 90

ORDER Per R.K. Panda, Vice-President. This appeal filed by the assessee is directed against the order dated 19.02.2023 of the learned CIT (A)-NFAC, Delhi, relating to A.Y.2020-21. 2. Although a number of grounds have been raised by the assessee, however, these all relate to the order ... learned CIT(A)NFAC in upholding the disallowance of Rs.4,40,939/- being Foreign Tax Credit claimed by the assessee by way of tax relief u/s 90 of the I.T. Act, 1961. Page 1 of 7 ITA No 28 of 2024 Nagubabu Kuchibhotla 6. Facts of the case, in brief

Sarwar Ahuja, Hyderabad vs. Income Tax Officer, Ward-6(1), Hyderabad

In the result, the appeal filed by the assessee is dismissed

ITA 493/HYD/2023[2018-19]Status: DisposedITAT Hyderabad27 Feb 2024AY 2018-19

Bench: Hon'Ble Justice (Retd.) C.V. Bhadang & Shri R.K. Panda, Vice-आ.अपी.सं /Ita No.493/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2018-19) Shri Sarwar Ahuja Vs. Income Tax Officer Hyderabad Ward-6(1) Pan:Ahkpa9724E Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: N O N E राज" व "ारा/Revenue By:: Shri Shakeer Ahmed, Dr सुनवाई की तारीख/Date Of Hearing: 15/02/2024 घोषणा की तारीख/Pronouncement: 27/02/2024 Order Per R.K. Panda, Vice-. This Appeal Filed By The Assessee Is Directed Against The Order Dated 2/8/2023 Of The Learned Cit (A)-Nfac, Delhi, Relating To A.Y.2018-19. 2. This Appeal Was Fixed For Hearing On 21/11/2023. However, Due To Non-Appearance By Anyone On The Date Of Hearing, The Case Was Adjourned To 15.2.2024 & Notice Was Issued Through Rpad Which Was Duly Served On The Assessee & The Acknowledgment Placed On Record. However, On 15.2.2024 When The Name Of The Assessee Was Called There Was Neither Anyone Present For The Assessee Nor Any Application

For Appellant: N O N EFor Respondent: : Shri Shakeer Ahmed, DR
Section 143(2)Section 56(2)(vii)

ORDER Per R.K. Panda, Vice-President. This appeal filed by the assessee is directed against the order dated 2/8/2023 of the learned CIT (A)-NFAC, Delhi, relating to A.Y.2018-19. 2. This appeal was fixed for hearing on 21/11/2023. However, due to non-appearance by anyone on the date of hearing ... record and after hearing the learned DR. 3. The only effective ground raised by the assessee reads as under: “1. That learned CIT (A) NFAC has erred by confirming the addition u/s 56(2)(vii)(b) r.w.s. 50C of the I.T. Act, 1961 amounting to Rs.12,85,500/- without considering