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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

Sharad Bhaskarrao Gaikwad, Nashik vs. Income Tax Officer, Nashik

In the result, appeal of the assessee is allowed

ITA 917/PUN/2023[2016-17]Status: DisposedITAT Pune19 Feb 2024AY 2016-17

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.917/Pun/2023 िनधा"रण वष" / Assessment Year :2016-17 Sharad Bhaskarrao Gaikwad, The Income Tax T.No.1, Vanai Apartment, V Officer, Gangapur Road, Behind S Nashik. Kulswamini Apart, Nashik – 422005. Pan: Adspg2339R Appellant/ Assessee Respondent /Revenue Assessee By Miss Abhilasha Sanjay Pawar-Ca, Ar Revenue By Shri Sourabh Nayak – Addl.Cit(Dr) Date Of Hearing 14/02/2024 Date Of Pronouncement 19/02/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 Dated 02.05.2023 Emanating From Penalty Order Dated 17.02.2022 Passed Under Section 271(1)(C) Of The Income Tax Act, 1961 Submission Of Ld.Ar : 2. The Ld.Authorised Representative(Ld.Ar) Of The Assessee Filed Written Submission. Vide Written Submission Ld.Ar Invited Our Sharad Bhaskarrao Gaikwad [A] Attention To The Notice Dated 24.03.2021 For A.Y. 2016-17 Issued By Assessing Officer(Ao) Which Was The First Notice With Reference To The Penalty. Ld.Ar In The Written Submission Explained That Nowhere In The Notice Section 271(1)(C) Is Mentioned. Nowhere In The Notice, The Assessing Officer Has Clarified, Whether It Is For Concealment Of Income Or For Filing Inaccurate Particulars.

Section 147Section 250Section 271(1)(c)

ORDER PER DR. DIPAK P. RIPOTE, AM: This is an appeal filed by the assessee against the order of Ld.Commissioner of Income Tax(Appeals)[NFAC], passed under section 250 of the Income Tax Act, 1961 dated 02.05.2023 emanating from penalty order dated 17.02.2022 passed under section

M/S. Lectrodryer Marketing Private Limited., Kolkata vs. ITO, Ward-9(1), Kolkata.

In the result, the appeal of the assessee stands allowed

ITA 849/KOL/2023[2010-11]Status: DisposedITAT Kolkata19 Feb 2024AY 2010-11

Bench: Shri Sanjay Garg & Shri Rajesh Kumari.T.A. No.849/Kol/2023 Assessment Year: 2010-11 M/S Lectrodryer Marketing Pvt. Ltd..........................…………………….……Appellant 5, Clive Row, Room No.60A, 3Rd Floor, Kolkata-1. [Pan: Aaacl5914H] Vs. Ito, Ward-9(1), Kolkata………..…..…….…..….........…........……...…..…..Respondent Appearances By: Shri Miraj D. Shah, Ar, Appeared On Behalf Of The Appellant. Shri B. K. Singh, Jcit- Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 02, 2024 Date Of Pronouncing The Order : February 19, 2024 Order Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 14.06.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’).

Section 147Section 250Section 68

well as on facts of the case. 2. That the Hon’ble Commissioner of Income Tax (A)- NFAC erred in law as well as on facts of the case by not considering the fact that the Ld. Assessing Officer failed to provide information and statement which was collected ... back of the appellant, thus making the assessment bad in law. 3. That the Hon’ble Commissioner of Income Tax (A)- NFAC erred in law as well as on facts of the case by confirming the addition made by the Ld. Assessing Officer by making addition of commodity profit