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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

Aaditya Diamgold Pvt.Ltd., Ahmedabad vs. Income Tax Officer, Ward-1(1)(1), Ahmedabad

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

ITA 627/AHD/2023[2017-18]Status: DisposedITAT Ahmedabad19 Jan 2024AY 2017-18

Bench: Shri Ramit Kochar & Ms. Suchitra Raghunath Kambleassessment Year : 2017-18 Aaditya Diamgold Pvt.Ltd. The Income Tax Officer 21, 1St Floor Iscon Arcade V. Ward-1(I)(I) Nr.Lal Bungalows Ahmedabad Cg Road Navrangpura Ahmedabad Gujarat – 380 009 Pan: Aalca 4525 A अपीलाथ" अपीलाथ"/ (Appellant) अपीलाथ" अपीलाथ" "" य "" यथ" "" य "" य थ" थ"/ (Respondent) थ" Assessee By : Shri Parimal Sinh B. Parmar, Ar Revenue By : Shri Shri Atul Pandey, Sr.Dr सुनवाई क" तारीख/Date Of Hearing : 17/01/2024 घोषणा क" तारीख /Date Of Pronouncement: 17/01/2024 आदेश/O R D E R आदेश आदेश आदेश Per Ramit Kocharthis Appeal Filed By The Assessee Is Directed Against The Appellate Order Dated 14/07/2023 Passed By Ld. Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi [“Cit(A)” In Short] Under Section 250 Of Sub-Section (6) Of The Income Tax Act, 1961(Hereinafter Called “The Act”) For Assessment Year 2017-18 (Din & Order No. Itba/Nfac/S/250/2023-24/ 1054374868(1)), The Appellate Proceedings Have Arisen Before Ld. Cit(A) From Assessment Order Dated 30.12.2019 Passed By Ld. Assessing Officer (Hereinafter Called “The Ao”) U/S 143(3) Of Aaditya Diamgold Pvt.Ltd. V. Ito Ay 2017-18

For Appellant: Shri Parimal Sinh B. Parmar, ARFor Respondent: Shri Shri Atul Pandey, Sr.DR
Section 143(3)Section 234BSection 250Section 250(6)Section 271ASection 68

said notices were issued right from 2020 through till 2023 and all of them remain un-complied with. The National Faceless Appeal Centre (NFaC) also in November, 2022 enabled communication window to facilitate filing of submissions by the appellant but to no avail. 3. In view of the above ... /Copy of the Order forwarded to : 1. अपीलाथ" / The Appellant 2. ""यथ" / The Respondent. 3. संबंिधत आयकर आयु" / Concerned CIT 4. ( ) / The CIT(A)-(NFAC), Delhi आयकर आयु" अपील 5. , , राजोकट/DR,ITAT, Ahmedabad, िवभागीय "ितिनिध आयकर अपीलीय अिधकरण 6. गाड" फाईल /Guard file. आदेशानुसार/ BY ORDER, स"यािपत

Green Bio Tech, Hyderabad vs. Income Tax Officer, Ward-15(1), Hyderabad

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

ITA 529/HYD/2023[2018-19]Status: DisposedITAT Hyderabad19 Jan 2024AY 2018-19

Bench: Shri R.K. Panda, Vice- & Shri Laliet Kumarआ.अपी.सं /Ita No. 529/Hyd/2023 (िनधा"रण वष"/Assessment Year: 2018-19) Green Bio Tech Vs. Income Tax Officer Hyderabad Ward 15(1) Pan:Aaifg4254G Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Advocate T. Chaitanya Kumar राज" व "ारा/Revenue By:: Smt. Sheetal Sarin, Dr सुनवाई की तारीख/Date Of Hearing: 18/01/2024 घोषणा की तारीख/Pronouncement: 18/01/2024 Order Per R.K. Panda, Vice-This Appeal Filed By The Assessee Is Directed Against The Ex-Parte Order Dated Of The Learned Cit (A)-Nfac Delhi, Relating To A.Y.2018-19. 2. Although A Number Of Grounds Have Been Raised By The Assessee, However, These All Relate To The Ex-Parte Order Of The Learned Cit (A) Nfac In Confirming The Penalty Of Rs.22,78,444/- Levied By The Assessing Officer U/S 270A Of The Act.

For Appellant: Advocate T. Chaitanya KumarFor Respondent: : Smt. Sheetal Sarin, DR
Section 143(3)Section 270ASection 40A(3)

Panda, Vice-President This appeal filed by the assessee is directed against the ex-parte order dated of the learned CIT (A)-NFAC Delhi, relating to A.Y.2018-19. 2. Although a number of grounds have been raised by the assessee, however, these all relate to the ex-parte order ... learned CIT (A) NFAC in confirming the penalty of Rs.22,78,444/- levied by the Assessing Officer u/s 270A of the Act. 3. Facts of the case, in brief, are that the assessee is a partnership firm carrying on the business of manufacturing and trading in bio agricultural products