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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

Himanshu Chimanlal Engineer, Mumbai vs. Assistant Commissioner of Income Tax, 19 (2), Mumbai

In the result, the appeals of the assessee are allowed

ITA 3209/MUM/2023[2007-08]Status: DisposedITAT Mumbai30 Jan 2024AY 2007-08

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.3209/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2007-08) & आयकर अपील सं/ I.T.A. No.3208/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2009-10) Himanshu Chimanlal बिधम/ Assistant Commissioner Engineer Income Tax, 19 (2) Vs. 33 – Chamunda Niwas, B- Piramal Chambers, Wing, 3Rd Floor, Tagore Parel, Mumbai-400012. Road, Santa Cruz (West), Mumbai-400054. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaape0548H (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Anant N Pai Revenue By: Shri. P D Chougle (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 16/01/2024 घोषणा की तारीख /Date Of Pronouncement: 30/01/2024 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-34, Mumbai/National Faceless Appeal Center, Delhi (Nfac) [Hereinafter Referred As “Ld. Cit(A)”] Dated 14.07.2023 For The Assessment Year (Ay) 2007-08 & Ay 2009-10. 2. Both Sides Agree That These Appeals Are Penalty Appeals; & Facts As Well As The Penalty Levied Are Similar/Identical In Both Appeals. Therefore, Appeal For The Ay 2007-08 Is Taken As The Lead Case & The Result Of Which Will Be Followed Mutatis Mutandis For The Appeal For Ay 2009-10. A.Y. 2007-08, 2009-10 Himanshu Chimanlal Engineer, Mumbai 3. Coming To Appeal For Ay 2007-08, The Ld. Ar Of The Assessee Shri Anant N Pai Pointed Out That The Ao Had Levied An Amount Of Rs.5,00,000/- U/S 271(1)(C) Of The Income Tax Act, 1961 (Hereinafter “The Act”) By Penalty Order Dated 31.03.2014 For Ay. 2007-08 (And Rs. 10,00,000/- For Ay 2009-10). Further According To Him, The Ld. Cit(A) Has Confirmed The Impugned Penalty Levied By The Ao. Before Us The Assessee Has Raised An Addition Ground Of Appeal Wherein Assessee Has Raised The Legal Issue Which Is Reproduced As Under:-

For Appellant: Shri Anant N PaiFor Respondent: Shri. P D Chougle (Sr. AR)
Section 271(1)(c)Section 274

These are appeals preferred by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals)-34, Mumbai/National Faceless Appeal Center, Delhi (NFAC) [hereinafter referred as “Ld. CIT(A)”] dated 14.07.2023 for the assessment year (AY) 2007-08 & AY 2009-10. 2. Both sides agree that these appeals