← All Phrases

“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

Mukunda Prasad Misra, Cuttack, Odisha vs. Asst. Commissioner of Income Taxc, Circle-2(1), Cuttack, Odisha

In the result, appeal of the assessee is allowed

ITA 281/CTK/2023[2015-16]Status: DisposedITAT Cuttack29 Nov 2023AY 2015-16

Bench: Shri George Mathanआयकर अऩीऱ सं/Ita No.281/Ctk/2023 (ननधाारण वषा / Assessment Year :2015-2016) Mukund Prasad Mishra, Vs Acit, Circle-2(1), Cuttack Plot No.Hg-821/822, Cda, Sec-10 Cuttack-753014 Pan No. :Adfpm 1834 Q (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee By : Shri K.K.Bal, Advocate राजस्व की ओर से /Revenue By : Shri Charan Dass, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 29/11/2023 घोषणा की तारीख/Date Of Pronouncement : 29/11/2023 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 27.06.2023, Passed In Din & Order No.Itba/Nfac/S/250/2023- 24/1053972764(1) For The Assessment Year 2015-2016. 2. It Was Submitted By The Ld. Ar That The Assessee Is A Retired Judicial Officer. The Assessee Has Filed His Return Of Income For The Relevant Assessment Year Declaring Long Term Capital Gain Of Rs.1,51,156/- & The Total Income Of Rs.10,25,280/-. It Was The Submission That During The Relevant Assessment Year The Assessee Has Sold Two Properties One Being A Land At Bhubaneswar, Khurda For Rs.50 Lakhs & Another Being A Flat At Bidanasi, Cuttack For Rs.45,00,000/-. It Was The Submission That On The Sale Of The Properties The Assessee Had Claimed Deduction U/S.54Ec Of The Act & Also Deduction On Account Of His Deposit In The Capital Gains Account Scheme Of 1988 With State Bank Of India. It Was The Submission That The Ld. Ao Held That The Assessee Having Not Invested The Entire

For Appellant: Shri K.K.Bal, AdvocateFor Respondent: Shri Charan Dass, Sr. DR
Section 54E

This is an appeal filed by the assessee against the order of the ld CIT(A), National Faceless Appeal Centre (NFAC), Delhi, dated 27.06.2023, passed in DIN & Order No.ITBA/NFAC/S/250/2023- 24/1053972764(1) for the assessment year 2015-2016. 2. It was submitted by the ld. AR that the assessee

Aries Mineralsprivate Limited, Bhubaneswar vs. DCIT Circle 1(1), Bhubaneswar

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

ITA 231/CTK/2023[2015-16]Status: DisposedITAT Cuttack29 Nov 2023AY 2015-16

Bench: Shri George Mathan & Shri Girish Agrawalआयकर अऩीऱ सं/Ita No.231/Ctk/2023 (ननधाारण वषा / Assessment Year : 2015-2016) Aries Minerals Private Limited, Vs Dcit, Circle-1(1), Bhubaneswar Plot No.924, Nigamananda Nagar, Lane-2, Bomikhal, Rasulgarh, Bhubaneswar-751010 Pan No. :Aajca 2114 K (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri P.R.Mohanty, Advocate राजस्व की ओर से /Revenue By : Shri Charan Dass, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 29/11/2023 घोषणा की तारीख/Date Of Pronouncement : 29/11/2023 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 25.04.2023, Passed In Itba/Nfac/S/250/2023-24/1052340368(1), For The Assessment Year 2015-2016. 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 Also The Submission That Both The Authorities Below Have Not Considered The Explanation Submitted By The Assessee In The Form Of Statement Of Facts & Grounds Of Appeal. 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

For Appellant: Shri P.R.Mohanty, AdvocateFor 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 25.04.2023, passed in ITBA/NFAC/S/250/2023-24/1052340368(1), for the assessment year 2015-2016. 2. It was the submission of the ld. AR that the ld. CIT(A) without

M/S. Orissa Mining Corporation Limited, Bhubaneswar vs. ACIT, Circle-2(1), Bhubaneswar

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

ITA 211/CTK/2023[2017-18]Status: DisposedITAT Cuttack29 Nov 2023AY 2017-18

Bench: Shri George Mathan & Shri Girish Agrawalआयकर अऩीऱ सं/Ita No.211/Ctk/2023 (ननधाारण वषा / Assessment Year : 2017-2018) M/S Odisha Mining Corporation Ltd. Vs Acit, Circle-2(1), Bhubaneswar Omc House, Bhubaneswar-751001 Pan No. :Aaaco 3324 L (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri P.Venugopal Rao, Ca राजस्व की ओर से /Revenue By : Dr.Abani Kanta Nayak, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 29/11/2023 घोषणा की तारीख/Date Of Pronouncement : 29/11/2023 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 29.03.2023, Passed In Itba/Nfac/S/250/2022-23/1051606393(1), For The Assessment Year 2017-2018. 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 Also The Submission That The Assessee Had Produced Books Of Accounts, Documents & Other Particulars Before The Ao, However, The Ao Had Not Accepted Assessee’S Contention & Explanation. 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.

For Appellant: Shri P.Venugopal Rao, CAFor Respondent: Dr.Abani Kanta Nayak, CIT-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 29.03.2023, passed in ITBA/NFAC/S/250/2022-23/1051606393(1), for the assessment year 2017-2018. 2. It was the submission of the ld. AR that the ld. CIT(A) without

Circular Aircon Services Pvt. Ltd., Mumbai vs. ITO, Ward 12(1)(4), Mumbai

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

ITA 2776/MUM/2023[2017-18]Status: DisposedITAT Mumbai29 Nov 2023AY 2017-18

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.2776/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2017-18) Circular Aircon Services बिधम/ Ito, Ward-12(1)(4) 1St Floor, Income Tax Pvt. Ltd. Vs. 1, Mehta Industrial Estate, Office, New Marine Line, Jai Prakash Road No.2, Mumbai-400020. Goregaon (E), Mumbai- 400063. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaccc6387P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Ms. Neha Paranjpe Revenue By: Shri Satya Prakash Singh (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 20/11/2023 घोषणा की तारीख /Date Of Pronouncement: 29/11/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/(Nfac), Delhi Dated 09.06.2023 For The Assessment Year 2017-18. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A)/Nfac Dismissing The Appeal Of The Assessee Exparte & Confirming The Disallowance Made By Cpc U/S 36(1)(Va) Of The Income Tax Act, 1961 (Hereinafter “The Act”).

For Appellant: Ms. Neha ParanjpeFor Respondent: Shri Satya Prakash Singh (Sr. AR)
Section 143(1)Section 154Section 36(1)(v)Section 36(1)(va)Section 43B

VARKEY, JM: This is an appeal preferred by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals)/(NFAC), Delhi dated 09.06.2023 for the assessment year 2017-18. 2. The main grievance of the assessee is against the action of the Ld. CIT(A)/NFAC dismissing

Hiren Chinubhai Shah, Mumbai vs. ITO, Ward 22(1)(5), Mumbai

In the result, both the appeals are, accordingly, disposed of

ITA 2772/MUM/2023[2009-10]Status: DisposedITAT Mumbai29 Nov 2023AY 2009-10

Bench: Shri Aby T. Varkey, Jm & Shri S Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.2772/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2009-10) Hiren Chinubhai Shah बिधम/ Ito, Ward-22(1)(5) A-301, Savoy Residency Kautilya Bhavan, Bkc, Vs. Santacruz (West) S.O. Bandra (East), Mumbai- Mumbai, Mumbai-400054. 400051. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Agups8207K (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Bhupendra Shah Revenue By: Shri Satya Prakash Singh (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 21/11/2023 घोषणा की तारीख /Date Of Pronouncement: 29/11/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/(Nfac), Delhi Dated 23.06.2023 For The Assessment Year 2009-10. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Sustaining The Disallowance Of Rs.20,84,190/- U/S 69C Of The Income Tax Act, 1961 (Hereinafter “The Act”) Being 100% Of The Total Purchases Made From Two (2) Parties.

For Appellant: Shri Bhupendra ShahFor Respondent: Shri Satya Prakash Singh (Sr. AR)
Section 143(1)Section 147Section 148Section 234ASection 69C

VARKEY, JM: This is an appeal preferred by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals)/(NFAC), Delhi dated 23.06.2023 for the assessment year 2009-10. 2. The main grievance of the assessee is against the action of the Ld. CIT(A) sustaining the disallowance