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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

Maheswar Reddy Itikyala, Hyderabad vs. Income Tax Officer, Ward-9(4), Hyderabad

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

ITA 12/HYD/2024[2017-18]Status: DisposedITAT Hyderabad24 Jan 2024AY 2017-18

Bench: Shri Laliet Kumarassessment Year: 2017-18 Maheswar Reddy Itikyala, Vs. The Income Tax Officer, Flat No.102, Urdu Hall Ward 9(4), Lane, Himayatnagar, Hyderabad. House No.3-6-195/B, Telangana. Pan : Aplpr0940L (Appellant) (Respondent) Assessee By: Shri K. Sudhakar Reddy, Advocate, Appeared For Shri T. Chaitanya Kumar, Advocate Revenue By: Shri Rohit Mujumdar, Sr.A.R. Date Of Hearing: 23/01/2024 Date Of Pronouncement: 24/01/2024

For Appellant: Shri K. Sudhakar ReddyFor Respondent: Shri Rohit Mujumdar, Sr.A.R
Section 115BSection 133(6)Section 139(1)Section 142(1)Section 142(1)(i)Section 144Section 144oSection 234ASection 250Section 69A

appeal of the assessee for A.Y. 2017-18 arises from the order of Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi dt.13.06.2023 invoking proceedings under section 144 of the Income Tax Act, 1961 (in short, “the Act”). ITA No.12 /Hyd/2024 2. The grounds raised by the assessee ... valid reasons, and is perverse, highhanded is contrary to the provisions law, therefore the order passed by the Learned Commissioner of Income Tax(appeals)NFAC dated 13/06/2023 is illegal ex-facie and violative of principals of natural justice. 8) The learned Commissioner of Income-tax (Appeals) erred in charging interest

Thubagere Mudveerappa Enterprises, Bangalore vs. Income Tax Officer, Ward-6(2)(4), Bangalore

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

ITA 1146/BANG/2023[2017-18]Status: DisposedITAT Bangalore24 Jan 2024AY 2017-18

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year: 2017-18 Thubagere Mudveerappa Enterprises No.9, 5Th Main Road, Apmc Yard Yeshwanthpur Ito Bangalore 560 022 Vs. Ward-6(2)(4) Karnataka Bangalore Pan No : Aaeft3444R Appellant Respondent Appellant By : Smt. Prathibha R., A.R. Respondent By : Shri Ganesh R. Ghale, Standing Counsel For Department. Date Of Hearing : 24.01.2024 Date Of Pronouncement : 24.01.2024 O R D E R Per Chandra Poojari: This Appeal By Assessee Is Directed Against Order Of Nfac For The Assessment Year 2017-18 Dated 24.11.2023 Passed U/S 250 Of The Income Tax Act, 1961 (In Short “The Act”). The Assessee Has Raised Following Grounds: 1. On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Erred In Upholding The Order Passed Under Sec. 144 Of The Act By The Learned Assessing Authority Is Opposed To Law & Not Valid & Accordingly Liable To Be Cancelled. 2. The Ld. Cit(A) Ought To Have Given Opportunity To Submit The Details & Allow To Give The Explanation About The Cash Deposits Were Made In Bank. The Deposits Were Made Out Of The Accumulated Cash Balances Relating To His Business. Thus, The Impugned Additions Confirmed By The Ld. Cit(A) Was Uncalled For.

For Appellant: Smt. Prathibha R., A.RFor Respondent: Shri Ganesh R. Ghale, Standing Counsel for Department
Section 115BSection 144Section 250Section 69A

Date of Pronouncement : 24.01.2024 O R D E R PER CHANDRA POOJARI, ACCOUNTANT MEMBER: This appeal by assessee is directed against order of NFAC for the assessment year 2017-18 dated 24.11.2023 passed u/s 250 of the Income Tax Act, 1961 (in short “The Act”). The assessee has raised following ... terms of the notices fixed for hearing of the appeal under section 250 of the Act issued to the assessee to represent before NFAC. But no compliance has been made by the assessee before NFAC. The details of the opportunities allowed to the assessee to represent in this case

DCIT-14(1)(2), Mumbai vs. M/S. Reliance Infrastructure Limited, Mumbai

ITA 1149/MUM/2023[2015-16]Status: DisposedITAT Mumbai24 Jan 2024AY 2015-16

Bench: Shri.Narender Kumar Choudhry () & Shri S Rifaur Rahman () Ι.Τ.Α. No.1147/Mum/2023 : A.Y. 2011-12 Ι.Τ.Α. No.1148/Mum/2023 : A.Y. 2012-13 Ι.Τ.Α. No.1149/Mum/2023 : A.Y. 2015-16 Dcit, Circle-14(1)(2), Mumbai Vs M/S Reliance Infrastructure Ltd, Room No.455, 4Th Floor Ground Floor, Reliance Centre, Aayakar Bhavan, M.K. Road 19, Walchandhirachand Marg Mumbai-400 020 Ballard Estate, Mumbai-400 001 Appellant Pan : Aaacr7446Q Respondent Present For The Assessee : Shri Niraj Sheth (Ld. Adv), Sh. Jitendra Sanghvi (Ld. Ca) Present For The Department : Shri Rahul Kumar (Ld. Cit Dr) Date Of Hearing 14/12/2023 Date Of Pronouncement 24/01/2024 Order Per N.K. Choudhry (Jm): These Appeals Have Been Preferred By The Assessee, Against The Separate Ordersevendated 08/02/2023 Impugned Herein Passed By The National Faceless Appeal Centre, Delhi ( In Short `Nfac') / Ld. Commissioner Of Income Tax (Appeals) (In Short `Ld. Commissioner') Under Section 250 Of The Income-Tax Act, 1961 (In Short, `The Act') For The A.Ys. 2011-12, 2012- 13 & 2015-16, Respectively. 2

For Appellant: Shri Niraj Sheth (Ld. Adv)For Respondent: Shri Rahul Kumar (Ld. CIT DR)
Section 115JSection 143(1)Section 143(3)Section 147Section 250

appeals have been preferred by the Assessee, against the separate ordersevendated 08/02/2023 impugned herein passed by the National Faceless Appeal Centre, Delhi ( in short `NFAC') / Ld. Commissioner of Income Tax (Appeals) (in short `Ld. Commissioner') under section 250 of the Income-tax Act, 1961 (in short