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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

Angel Jewellery, Mumbai vs. ITO 42 (1) (1), Mumbai

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

ITA 3239/MUM/2023[2007-08]Status: DisposedITAT Mumbai01 Jan 2024AY 2007-08

Bench: Shri Amarjit Singh & Shri Rahul Chaudharyangel Jewellery Vs. Ito-42(1)(1) 4, Akurli Industrial Kautilya Bhavan, Bkc, Estate, Akurli Road, Bandra East, Kandivali East, 400051 Mumbai-400101 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaifa7184P Appellant .. Respondent Appellant By : K.A.Vaidyalingan Respondent By : Lieder Panicker Date Of Hearing 27.12.2023 Date Of Pronouncement 01.01.2024 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A) Nfac, Dated 16.08.2023 For A.Y. 2007-08. The Assessee Has Raised The Following Grounds Before Us: “1. The Learned Cit (A) Erred In Dismissing The Appeal Of The Appellant In Unnecessary Hurry & Without Giving A Reasonable Opportunity Of Being Heard. 2. The Learned Cit (A) Failed To Appreciate The Fact That Out Of Three Dates Given Earlier, On Two Occasions It Was Impossible To Respond Due To Covid-19 & Consequent Lockdown & On The Last Occasion, The Ca Who Was Handling This Old Matter Was Indisposed. 3. In Law & On The Facts & Circumstances Of The Case, The Entire Reassessment Is Bad In Law & Nullity As The Learned Ao Erred In Completing The Reassessment U/S. 144 R.W.S. 147 Of The Income Tax Act Without Issuing A Valid Notices U/S. 148 & 143 (2) Of The Act. 4. The Learned Cit (A) Erred In Upholding The Addition Of Rs.24.12,640/- Made By The Learned Ao U/S. 69C On Account Of Alleged Unsecured Loan

For Appellant: K.A.VaidyalinganFor Respondent: Lieder Panicker
Section 144Section 148Section 250Section 69C

Amarjit Singh (AM): This appeal filed by the assessee is directed against the order passed by the ld. CIT(A) NFAC, dated 16.08.2023 for A.Y. 2007-08. The assessee has raised the following grounds before us: “1. The learned CIT (A) erred in dismissing the appeal of the Appellant

Mahendra Ravindra Salunkhe, Panvel City vs. Income Tax Officer, Mumbai

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

ITA 3204/MUM/2023[2012-2013]Status: DisposedITAT Mumbai01 Jan 2024AY 2012-2013

Bench: Shri Amarjit Singh & Shri Rahul Chaudharymahendra Ravindra Vs. Income Tax Officer Salunkhe, A-202, 35(2)(3) Swarganaga Chs Ltd, Plot Kautilya Bhavan No.62, Sector 18, Bkc, 400050 Kamothe, Panvel City, Mumbai Raigarh- 410209 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No:Bkfps6678L Appellant .. Respondent Appellant By : None Respondent By : Lieder Panicker Date Of Hearing 27.12.2023 Date Of Pronouncement 01.01.2024 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A) Nfac, Dated 11.07.2023 For A.Y. 2012-13. The Assessee Has Raised The Following Grounds Before Us: “1. In The Appeal The Assessee Had Stated That He Had The Total Income Of Rs.2,26,652. The Commissioner Of Income Tax (Appeals) Had Given The Assessee An Opportunity To Hear, Firstly In The Year Of 2021 However Due To Second Wave Of Covid 19 He Was Not Able To Attend The Same As During The Concerned Period Survival Was The Only Challenge. Later, The Concerned Assessee In The Year 2023 Was Diagnosed With Medical Illness Which Impaired His Physical Inability & Mental Stability To Attend The Hearings. The Order Was Dismissed By The Commissioner Of Income Tax Appeals By Passing An Order Under Section 250 Of The Income Tax Act, 1961 Dated 11/07/2023. The Notices Received From The Cit Appeals Did Not Contain Any Specific Information To Be Submitted Due To Which The Assessee Was Under The Presumption That They Will Ask Additional Questions In The Next Notice. The Appellant Craves Leave To Add, Amend, Alter Or Delete The Said Ground Of Appeal.”

For Appellant: NoneFor Respondent: Lieder Panicker
Section 148Section 194HSection 250Section 250(6)Section 43(5)

Amarjit Singh (AM): This appeal filed by the assessee is directed against the order passed by the ld. CIT(A) NFAC, dated 11.07.2023 for A.Y. 2012-13. The assessee has raised the following grounds before us: “1. In the appeal the assessee had stated that he had the total income