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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

M/Shand Made Films, Chennai vs. ACIT, Non Corporate Circle-10(1), Chennai

In the result, appeals filed by the assessee for assessment years 2016-17 & 2017-18 are allowed for statistical purposes

ITA 1502/CHNY/2023[2017-18]Status: DisposedITAT Chennai19 Feb 2024AY 2017-18

Bench: Shri Mahavir Singh, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita Nos.: 1501 & 1502/Chny/2023 िनधा"रण वष" / Assessment Years: 2016-17 & 2017-18 M/S. Hand Made Films, The Assistant Commissioner Of S3, No. 27, V. Income Tax, 5 Twinkle Roof Apartments, Non Corporate Circle -10(1), State Bank Colony, Wanaparthy Block, No. 121, 2Nd Cross Street, M.G. Road, Nungambakkam, Virugambakkam, Chennai – 600 034. Chennai – 600 092. [Pan: Aagfh-6400-D] (अपीलाथ"/Appellant) (""यथ"/Respondent) : Shri. T. Vasudevan, Advocate अपीलाथ" क" ओर से/Appellant By ""यथ" क" ओर से/Respondent By : Shri. D. Hema Bhupal, Jcit सुनवाई क" तारीख/Date Of Hearing : 19.02.2024 घोषणा क" तारीख/Date Of Pronouncement : 19.02.2024

For Respondent: Shri. D. Hema Bhupal, JCIT
Section 143(3)Section 147Section 148

filed by the assessee are directed against separate but identical orders passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, both dated 27.10.2023 and pertains to assessment years 2016-17 & 2017-18. Since, facts :-2-: ITA. Nos: 1501 & 1502/Chny/2023 are identical and issues

M/S Hand Made Films, Chennai vs. ACIT, Non Corporate Circle-10(1), Chennai

In the result, appeals filed by the assessee for assessment years 2016-17 & 2017-18 are allowed for statistical purposes

ITA 1501/CHNY/2023[2016-17]Status: DisposedITAT Chennai19 Feb 2024AY 2016-17

Bench: Shri Mahavir Singh, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita Nos.: 1501 & 1502/Chny/2023 िनधा"रण वष" / Assessment Years: 2016-17 & 2017-18 M/S. Hand Made Films, The Assistant Commissioner Of S3, No. 27, V. Income Tax, 5 Twinkle Roof Apartments, Non Corporate Circle -10(1), State Bank Colony, Wanaparthy Block, No. 121, 2Nd Cross Street, M.G. Road, Nungambakkam, Virugambakkam, Chennai – 600 034. Chennai – 600 092. [Pan: Aagfh-6400-D] (अपीलाथ"/Appellant) (""यथ"/Respondent) : Shri. T. Vasudevan, Advocate अपीलाथ" क" ओर से/Appellant By ""यथ" क" ओर से/Respondent By : Shri. D. Hema Bhupal, Jcit सुनवाई क" तारीख/Date Of Hearing : 19.02.2024 घोषणा क" तारीख/Date Of Pronouncement : 19.02.2024

For Respondent: Shri. D. Hema Bhupal, JCIT
Section 143(3)Section 147Section 148

filed by the assessee are directed against separate but identical orders passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, both dated 27.10.2023 and pertains to assessment years 2016-17 & 2017-18. Since, facts :-2-: ITA. Nos: 1501 & 1502/Chny/2023 are identical and issues

Psg Employees Cooperative Housing Society, Coimbatore vs. Assessing Officer, Coimbatore

In the result, appeal filed by the assessee is allowed

ITA 1496/CHNY/2023[2021-22]Status: DisposedITAT Chennai19 Feb 2024AY 2021-22

Bench: Shri Mahavir Singh, Hon’Ble & Shri Manjunatha. G, Hon’Bleआयकर अपील सं./Ita No.: 1496/Chny/2023 िनधा"रण वष" / Assessment Year: 2021-22 Psg Employees Cooperative The Income Tax Officer, Housing Society, V. Non-Corporate Ward -1(1), 1609, Peelamedu, Coimbatore Coimbatore. South, Coimbatore – 641 004. [Pan: Aadap-3102-C] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. M. Karunanantham, Advocate : Shri. D. Hema Bhupal, Jcit ""यथ" क" ओर से/Respondent By सुनवाई क" तारीख/Date Of Hearing : 19.02.2024 घोषणा क" तारीख/Date Of Pronouncement : 19.02.2024

For Appellant: Shri. M. Karunanantham, Advocate
Section 142(1)Section 143(3)Section 250Section 80PSection 80P(2)(d)

This appeal filed by the assessee is directed against the order passed by the learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, dated 06.12.2023 and pertains to assessment year 2021-22. 2. The assessee has raised the following grounds of appeal: “This appeal has been preferred ... dated 06.12.2023 passed under section 250 of Income Tax Act 1961, :-2-: ITA. No: 1496/Chny/2023 via order No. ITBA/NFAC/S/250/2023-24/1058512491(1) passed by CIT Appeal NFAC confirming the order passed by the assessing officer. The appellant is also disputing the order passed by the assessing officer dated 09.12.2022 passed Under Section

Q-872 Thiruthangal Primary Agricultural Co- Operative Credit Society Limited, Virudhunagar vs. ITO, Ward 3, Virudhunagar

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

ITA 1433/CHNY/2023[2021-22]Status: DisposedITAT Chennai19 Feb 2024AY 2021-22

Bench: Shri Mahavir Singh & Shri Manjunatha.Gआयकर अपीलसं./Ita No.: 1433/Chny/2023 िनधा"रण वष"/Assessment Year: 2021-22 M/S. Q-872 Thiruthangal The Income Tax Officer, Primary Agricultural Co- Vs. Ward 3, Operative Credit Society Ltd., Virudhunagar. Thiruthangal, Virudhunagar – 626 130. Pan: Aaaaq 0201C (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri S. Girish Kumar, Advocate ""यथ" क" ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई क" तारीख/Date Of Hearing : 19.02.2024 घोषणा क" तारीख/Date Of Pronouncement : 19.02.2024

For Appellant: Shri S. Girish Kumar, AdvocateFor Respondent: Shri D. Hema Bhupal, JCIT
Section 143(1)(a)Section 144Section 250(6)Section 69ASection 69C

VICE PRESIDENT: This appeal by the assessee is arising out of the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC) in order No.ITBA/NFAC/S/250/2023- 24/1057107725(1) dated 16.10.2023. The assessment order was framed by the Assessing Officer, Assessment Unit, Income Tax Department for the assessment ... violation of principles of natural justice. For this, the ld.counsel for the assessee drew our attention to following ground Nos.2,3 & 4:- 2. The NFAC, Delhi erred in dismissing the appeal ex-parte and ought to have appreciated that any order passed in gross violation of principles of natural justice

Varindavan Fabrics Private Limited, Panipat vs. Income Tax Officer, Ward-5, Panipat

In the result, the appeal of the assessee is allowed

ITA 3227/DEL/2023[2017-18]Status: DisposedITAT Delhi19 Feb 2024AY 2017-18

Bench: Sh. Saktijit Dey & Sh. M. Balaganeshassessment Year: 2017-18 Vrindavan Fabrics Private Ito Limited, Delhi Sanoli Bye Vs Ward – 5 Panipat Pass, Huda Sector-29 Panipat 132103 Pan No.Aaccv7480N (Appellant) (Respondent) Appellant By Sh. Amit Kaushik, Advocate Respondent By Sh. Vivek Vardhan, Sr. Dr Date Of Hearing: 07/02/2024 Date Of Pronouncement: 19/02/2024 Order Per Saktijit Dey,Vp: This Is An Appeal By The Assessee Against The Order Dated 07.11.2023 Passed By National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2017-18. 2. The Dispute In The Present Appeal Is Confined To Addition Of An Amount Of Rs.46,03,682/- U/S. 68 Of The Income Tax Act, 1961. 3. Briefly Stated The Facts Are, The Assessee Is A Resident Corporate Entity. For The Assessment Year Under Dispute, The Assessee Filed Its Return Of Income On 07.10.2017 Declaring Total Income Of Rs. 5,10,270/-. In Course Of Assessment Proceedings The Assessing Officer (Ao) Called Upon The Assessee To Furnish The Details Of Sundry Creditors & Trade Payables With Their Address, Pan Numbers Etc. Alleging That The Assessee Furnished The Details On 19.12.2019 I.E. At The Fag End Of The Year, Which Made Impossible Any Enquiry To Be Carried Out Regarding The Genuineness Of The Trade Payables, The Ao Added Back Trade Payables / Closing Balances In Respect Of Seven Parties Aggregating To Rs.46,03,682/-, By Treating It As Unexplained Cash Credit U/S. 68 Of The Act. Though, The Assessee Contested The Aforesaid Addition Before Learned Commissioner Appeals, However, The Addition Was Sustained.

Section 68

19/02/2024 ORDER PER SAKTIJIT DEY,VP: This is an appeal by the assessee against the order dated 07.11.2023 passed by National Faceless Appeal Centre (NFAC), Delhi for the Assessment Year 2017-18. 2. The dispute in the present appeal is confined to addition of an amount of Rs.46