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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

Society for Govt. of Odisha Ashok Leyland Hmv Dti, Chhatia/AOP, Jajpur vs. ITO, Exemption, Cuttack

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

ITA 283/CTK/2023[2016-17]Status: DisposedITAT Cuttack30 Oct 2023AY 2016-17

Bench: Shri George Mathanआयकर अऩीऱ सं/Ita No.283/Ctk/2023 (ननधाारण वषा / Assessment Year :2016-2017) Society For Govt. Of Odisha Ashok Vs Ito (Exemption), Cuttack Leyland Hmv Driver Training Inst. Village: Vidyadharpur, Chhatia, Jajpur-754023 Pan No. :Aahas 8958 F (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri Samir Ranjan Dash, Advocate राजस्व की ओर से /Revenue By : Shri S.C.Mohanty, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 30/10/2023 घोषणा की तारीख/Date Of Pronouncement : 30/10/2023 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 12.06.2023, Passed In Din & Order No.Itba/Nfac/S/250/2023- 24/1053666783(1) For The Assessment Year 2016-2017. 2. It Was Submitted By Ld Ar That The Ld. Cit(A) Has Decided The Appeal Of The Assessee In A Very Casual Manner By Mentioning That Documents Were Not Submitted. It Was Submitted That Adequate Opportunities Have Not Been Granted To The Assessee. It Was Also Submitted That In The Original Order Passed U/S.143(3) Of The Act, There Was No Demand Raised On The Assessee. Subsequently, An Order U/S.154 Of The Act Was Passed On 17.12.2018 Without Issuing Show Cause Notice To The Assessee & Without Hearing The Assessee Wherein A Demand Has Been Raised. It Was The Submission That The Order Of The Ld. Cit(A) Is Liable To Be Set Aside As Also The Order Passed U/S.154 Of The Act Is Liable To Be Set Aside.

For Appellant: Shri Samir Ranjan Dash, AdvocateFor Respondent: Shri S.C.Mohanty, Sr. DR
Section 143(3)Section 154

This is an appeal filed by the assessee against the order of the ld CIT(A), National Faceless Appeal Centre (NFAC), Delhi, dated 12.06.2023, passed in DIN & Order No.ITBA/NFAC/S/250/2023- 24/1053666783(1) for the assessment year 2016-2017. 2. It was submitted by ld AR that