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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

Sri Biswanath Senapati, Haripur vs. ITO Ward-2, Balasore

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

ITA 297/CTK/2023[2017-18]Status: HeardITAT Cuttack21 Nov 2023AY 2017-18

Bench: Shri George Mathanआयकर अऩीऱ सं/Ita No.297/Ctk/2023 (ननधाारण वषा / Assessment Year :2017-2018) Sri Biswanath Senapati, Vs Ito, Ward-2,Balasore Bhimpura, Haripur, Dist: Balasore-756001 Pan No. :Dbops 7473 B (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee By : Shri Somnath Sahoo, Advocate राजस्व की ओर से /Revenue By : Shri S.C.Mohanty, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 21/11/2023 घोषणा की तारीख/Date Of Pronouncement : 21/11/2023 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 28.07.2023, Passed In Din & Order No.Itba/Nfac/S/250/2023- 24/1054685890(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 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 Opportunity To Provide The Materials Before The Ld. Cit(A) To Substantiate Its Claim.

For Appellant: Shri Somnath Sahoo, AdvocateFor Respondent: Shri S.C.Mohanty, Sr. DR

This is an appeal filed by the assessee against the order of the ld CIT(A), National Faceless Appeal Centre (NFAC), Delhi, dated 28.07.2023, passed in DIN & Order No.ITBA/NFAC/S/250/2023- 24/1054685890(1) for the assessment year 2017-2018. 2. It was the submission of the ld. AR that

Everest Grande Commercial Premises Co-Op Society Limited, Mumbai vs. CPC ITO, 24 (1) (1), Mumbai

The appeal of the assessee is partly allowed for statistical purposes

ITA 2487/MUM/2023[2014-15]Status: DisposedITAT Mumbai21 Nov 2023AY 2014-15

Bench: Shri Aby T. Varkey, Jm & S Padmavathy S, Am आयकर अपील सं/ I.T.A. No.2487/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2014-15) Everest Grande Commercial बिधम/ Cpc/Ito-24(1)(1) 3Rd Floor, Piramal Premises Vs. Cts-46/34, Plot 3A Everest Chambers Lalbaugh, Grande Society, Mahakali Mumbai-400034. Caves Road, Andheri Kurla Road Andheri (East), Mumbai-400093. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaaae5455A (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Dinesh Kukreja Revenue By: Shri Rajesh Meshram (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 25/10/2023 घोषणा की तारीख /Date Of Pronouncement: 21/11/2023 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 19.06.2023 For The Assessment Year 2014-15. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Dismissing The Appeal Of The Assessee Without Admitting The Same On Grounds Of Delay.

For Appellant: Shri Dinesh KukrejaFor Respondent: Shri Rajesh Meshram (Sr. AR)
Section 143(1)Section 80P(2)(d)

VARKEY, JM: This is an appeal preferred by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals)/(NFAC), Delhi dated 19.06.2023 for the assessment year 2014-15. 2. The main grievance of the assessee is against the action of the Ld. CIT(A) dismissing the appeal