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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

The U P N Central Co-Op Bank Limited, Puri vs. ACIT, Circle 5(1), Bhubaneswar

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

ITA 293/CTK/2023[2016-17]Status: DisposedITAT Cuttack30 Nov 2023AY 2016-17

Bench: Shri George Mathan & Shri Girish Agrawalआयकर अऩीऱ सं/Ita No.293/Ctk/2023 (ननधाारण वषा / Assessment Year : 2016-2017) The Upn Central Co-Op Bank Ltd Vs Acit, Circle-5(1), Bhubaneswar Kacheri Road, Puri-752001 Pan No. :Aabat 1861 G (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri Nihar Ranjan Biswal, Ca राजस्व की ओर से /Revenue By : Shri Charan Dass, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 30/11/2023 घोषणा की तारीख/Date Of Pronouncement : 30/11/2023 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 22.06.2023, Passed In Din & Order No.Itba/Nfac/S/250/2023- 24/1053855194(1) For The Assessment Year 2016-2017. 2. It Was The Submission Of The Ld. Ar That The Ld. Cit(A) Without Giving Sufficient Opportunity Of Being Heard To The Assessee, Has Dismissed The Appeal Of The Assessee Ex-Parte. It Was The Submission The Issues In This Appeal May Be Restored To The File Of Ld. Cit(A) For Fresh Adjudication & The Assessee May Be Given One More Opportunity To Provide The Materials Before The Ld. Cit(A) To Substantiate Its Claim. 3. In Reply, Ld.Sr.Dr Vehemently Supported The Orders Of The Authorities Below. It Was The Submission That The Assessee Was Given

For Appellant: Shri Nihar Ranjan Biswal, CAFor Respondent: Shri Charan Dass, Sr. DR

Bench : This is an appeal filed by the assessee against the order of the ld CIT(A), National Faceless Appeal Centre (NFAC), Delhi, dated 22.06.2023, passed in DIN & Order No.ITBA/NFAC/S/250/2023- 24/1053855194(1) for the assessment year 2016-2017. 2. It was the submission of the ld. AR that

The World Retails Pvt. Ltd, Bhubaneswar vs. Deputy Commissioner of Income Tax Circle-1(2), Bhubaneswar

In the result, appeal of the assess0ee is partly allowed for statistical purposes

ITA 292/CTK/2023[2017-18]Status: DisposedITAT Cuttack30 Nov 2023AY 2017-18

Bench: Shri George Mathan & Shri Girish Agrawalआयकर अऩीऱ सं/Ita No.292/Ctk/2023 (ननधाारण वषा / Assessment Year : 2017-2018) The World Retails Private Limited, Vs Dcit/Acit, Circle-1(2), Plot No.380, Bomikhal, Behind Bhubaneswar Shiv Mandir, Bhubaneswar-10 Pan No. :Aadct 4042 P (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : None राजस्व की ओर से /Revenue By : Shri Charan Dass, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 30/11/2023 घोषणा की तारीख/Date Of Pronouncement : 30/11/2023 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 25.07.2023, Passed In Din & Order No.Itba/Nfac/S/250/2023- 24/1054564519(1) For The Assessment Year 2017-2018. 2. None Represented On Behalf Of The Assessee. Shri Charan Dass, Sr. Dr Appeared On Behalf Of The Revenue. 3. An Adjournment Application Dated 27.11.2023, Which Was Received By The Registry On 29.11.2023, Was Filed By The Ld. Ar Of The Assessee, Thereby Seeking 30 Days Time To Collect The Papers & Documents Relating To The Present Appeal. However, Looking To The Facts Of The Case As Also The Impugned Order Is An Ex-Parte Order On Account Of Non-

For Appellant: NoneFor Respondent: Shri Charan Dass, Sr. DR

Bench : This is an appeal filed by the assessee against the order of the ld CIT(A), National Faceless Appeal Centre (NFAC), Delhi, dated 25.07.2023, passed in DIN & Order No.ITBA/NFAC/S/250/2023- 24/1054564519(1) for the assessment year 2017-2018. 2. None represented on behalf of the assessee. Shri Charan Dass

Mr. Ganesh Agrawal, Rajgangpur, Sundargarh vs. ITO Ward-1, Rourkela

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

ITA 271/CTK/2023[2014-15]Status: DisposedITAT Cuttack30 Nov 2023AY 2014-15

Bench: Shri George Mathan & Shri Girish Agrawalआयकर अऩीऱ सं/Ita No.271/Ctk/2023 (ननधाारण वषा / Assessment Year : 2014-2015) Mr. Ganesh Agrawal, Vs Ito, Ward-1, Rourkela Main Road, Rajgangpur, Sundargarh-770017 Pan No. :Abypa 5029 J (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : None राजस्व की ओर से /Revenue By : Shri Charan Dass, Sr.Dr सुनवाई की तारीख / Date Of Hearing : 30/11/2023 घोषणा की तारीख/Date Of Pronouncement : 30/11/2023 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 15.05.2023, Passed In Din & Order No.Itba/Nfac/S/250/2023- 24/1052822766(1) For The Assessment Year 2014-2015. 2. None Represented On Behalf Of The Assessee. Shri Charan Dass, Sr. Dr Appeared On Behalf Of The Revenue. 3. On Perusal Of The Appeal Record, It Is Found That The Appeal Of The Assessee Is Delayed By 35 Days. In This Regard, The Assessee Has Filed Condonation Petition Along With Affidavit Mentioning The Sufficient Reasons For The Delay, To Which The Ld. Sr. Dr Did Not Seriously Object. In View Of The Above, The Delay Of 35 Days In Filing The Present Appeal Is Hereby Condoned & The Appeal Is Disposed Off On Merits.

For Appellant: NoneFor Respondent: Shri Charan Dass, Sr.DR

Bench : This is an appeal filed by the assessee against the order of the ld CIT(A), National Faceless Appeal Centre (NFAC), Delhi, dated 15.05.2023, passed in DIN & Order No.ITBA/NFAC/S/250/2023- 24/1052822766(1) for the assessment year 2014-2015. 2. None represented on behalf of the assessee. Shri Charan Dass

Xavient Software Splutions India Pvt Ltd, Noida vs. ACIT Circle 3 Noida, Noida

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

ITA 2197/DEL/2023[2016-17]Status: DisposedITAT Delhi30 Nov 2023AY 2016-17

Bench: Sh. Shamim Yahyash. C. N. Prasadita No. 2197/Del/2023 : Asstt. Year : 2016-17 Xavient Software Solutions India Vs Acit, Pvt. Ltd., 54, Nsez Phase-2, Circle-3, Noida-201301 Noida-201301 (Appellant) (Respondent) Pan No. Aaacx0465F Assessee By : Sh. Somil Agarwal, Adv. Revenue By : Sh. Amit Katoch, Sr. Dr Date Of Hearing: 28.11.2023 Date Of Pronouncement: 30.11.2023 Order Per Sh. Shamim Yahya: This Appeal By The Assessee Is Directed Against The Order Of National Faceless Appeal Centre (Nfac), Delhi Dated 10.06.2023 & Pertaining To Assessment Year 2016-17. 2. Although, The Assessee Has Raised Various Grounds. The Ld. Counsel Of The Assessee At The Beginning Pressed For The Ground No. 1 Which Reads As Under:

For Appellant: Sh. Somil Agarwal, AdvFor Respondent: Sh. Amit Katoch, Sr. DR
Section 251

Pronouncement: 30.11.2023 ORDER Per Sh. Shamim Yahya, Accountant Member: This appeal by the assessee is directed against the order of National Faceless Appeal Centre (NFAC), Delhi dated 10.06.2023 and pertaining to Assessment Year 2016-17. 2. Although, the assessee has raised various grounds. The ld. Counsel of the assessee ... ground No. 1 which reads as under: “1. That having regard to facts and circumstances of the case, the ld. CIT(A) NFAC has erred in law by passing ex-parte order dismissing the appeal for non- representation/non-prosecution without deciding the issues on merit.” 3. In this case, pursuant