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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

Sreeni Parameswaran, Ernakulam vs. ACIT Corporate Circle 2(1), Kochi

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

ITA 186/COCH/2023[2011-12]Status: DisposedITAT Cochin30 Oct 2023AY 2011-12

Bench: Shri Sanjay Arora & Shri Manomohan Dassreeni Parameswaran Asst. Cit, 7/42 – B5, Mystic Bells Corporate Circle- 2(1) Villa No. 1, Eroor Desom Kochi Nadama Village Vs. Ernakulam 682308 [Pan: Bahps6202C] (Appellant) (Respondent) Appellant By: Ms. K. Krishna, Advocate Respondent By: Smt. J.M. Jamuna Devi, Sr. D.R. Date Of Hearing: 18.08.2023 Date Of Pronouncement: 30.10.2023 O R D E R Per:Sanjay Arora, Am This Is An Appeal By The Assessee Agitating The Order Dated 20.01.2023 By The National Faceless Appeal Centre, Delhi (Nfac), Dismissing His Appeal Contesting His Assessment Under Section 147 Read With Section 143(3) Of The Income Tax Act, 1961 (Hereinafter "The Act") Dated 28.03.2016 For Assessment Year (Ay) 2011-12. 2. The Only Issue Arising In The Instant Appeal Is The Validity Or Otherwise In Law, In The Facts & Circumstances Of The Case, Of The Addition By Way Of Deemed Dividend U/S. 2(22)(E) Of The Act For Rs. 62,44,215,Since Confirmed In The First Appeal.

For Appellant: Ms. K. Krishna, AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 139Section 143(3)Section 147Section 148(1)Section 2(22)(e)

Sanjay Arora, AM This is an appeal by the assessee agitating the order dated 20.01.2023 by the National Faceless Appeal Centre, Delhi (NFAC), dismissing his appeal contesting his assessment under section 147 read with section 143(3) of the Income Tax Act, 1961 (hereinafter "the Act") dated 28.03.2016 for Assessment

Shri. Hirabai Haridas Dattani(Late) by L.H. Sathish Chandra Haridas Datani, Kannur vs. The ITO Ward-1, Kannur

In the result, the assessee’s appeal is dismissed

ITA 796/COCH/2022[2005-2006]Status: DisposedITAT Cochin30 Oct 2023AY 2005-2006

Bench: Shri Sanjay Arora & Shri Manomohan Daslate Hirabai Haridas Dattani The Income Tax Officer (By L/H Satish Chandra Haridas Datani) Ward – 1, 100, Arman Cantonment Vs. Kannur Kannur [Pan:Aalph1136R] (Appellant) (Respondent) Assessee By: Shri Arun Raj, Advocate Revenue By: Smt. J.M. Jamuna Devi, Sr. D.R. Date Of Hearing: 12.10.2023 Date Of Pronouncement: 30.10.2023 O R D E R Per Sanjay Arora, Am This Is An Appeal By The Assessee Directed Against The Order Dated 09.6.2022 By The Commissioner Of Income Tax (Appeals), Nfac, Delhi [Cit(A)], Dismissing His Appeal Contesting His Assessment Under Section 143(3) Of The Income Tax Act, 1961 (‘The Act’) Dated 28.10.2010 For Assessment Year (Ay) 2005-06. 2. The Appeal Has Been Filed By The Assessee In His Capacity As The Legal Representative (Lr) Of His Late Mother, Smt. Hirabai Haridas Dattani. On Enquiry With Shri Raj, The Learned Counsel For The Assessee; The Valakat In His Favour Having Been Signed By The Assessee Alone, It Was Explained That The Assessee Has Been Pursuing The Matter From The Assessment Stage Onwards. His Only Brother, Shri Arun Dattani, Had Since Expired & He May Accordingly Be Taken As Representing The Estate Of His Late Mother For An On Behalf Of The Family, I.E., Including His Four Sisters; His Father Having Already Expired. The Hearing In The Matter Was Proceeded With On That Basis.

For Appellant: Shri Arun Raj, AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 143(3)

Sanjay Arora, AM This is an Appeal by the Assessee directed against the Order dated 09.6.2022 by the Commissioner of Income Tax (Appeals), NFAC, Delhi [CIT(A)], dismissing his appeal contesting his assessment under section 143(3) of the Income Tax Act, 1961 (‘the Act’) dated 28.10.2010 for Assessment Year

Smt Sunitha Prem Victor, Trivandrum vs. ITO Ward 2(3), Trivandrum

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

ITA 1009/COCH/2022[2014-15]Status: DisposedITAT Cochin30 Oct 2023AY 2014-15

Bench: Shri Sanjay Arora & Shri Manomohan Dassunita Prem Victor The Income Tax Officer Tc 25/2813 Mathrubhumi Road Ward – 2(3) Vs. Vanchiyoor, Trivandrum 695035 Trivandrum [Pan:Akopv8566C] (Appellant) (Respondent) Assessee By: Ms. Divya Ravindran, Advocate Revenue By: Smt. J.M. Jamuna Devi, Sr. D.R. Date Of Hearing: 11.10.2023 Date Of Pronouncement: 30.10.2023 O R D E R Per Sanjay Arora, Am This Is An Appeal By The Assessee Against The Order Dated 26.10.2022 By The Commissioner Of Income Tax (Appeals), Nfac, Delhi [Cit(A)],Partly Allowing Her Appeal Contesting Her Assessment Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) Dated 27.12.2016 For Assessment Year (Ay) 2014-15. 2. The Brief Facts Of The Case Are That The Assessee Returned Her Income For The Relevant Year On 18.12.2014 At Rs.5,67,250, Claiming Deduction Under Section 54 Of The Act At Rs.91,05,096 In Respect Of Construction Of A Residential House During The Relevant Year Against The Capital Gain Arising To Her On Sale Of 3 Pieces Of Land Sold During March, 2013 To November, 2013. The Claim Was, Admitting Her Mistake Inasmuch As The Capital Asset/S Sold Was Not A Residential House, Requested By The Assessee Vide Letter Dated 29.11.2016 For Being Considered U/S. 54F Of The Act; She Not Owning Any Other Residential House On The Date Of Transfer/S. Earlier, On 25.11.2016, A Revised Statement Of Income Was Filed Claiming Exemption With Reference To The Total

For Appellant: Ms. Divya Ravindran, AdvocateFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 139(1)Section 139(4)Section 139(5)Section 143(3)Section 54Section 54F

Sanjay Arora, AM This is an Appeal by the Assessee against the Order dated 26.10.2022 by the Commissioner of Income Tax (Appeals), NFAC, Delhi [CIT(A)],partly allowing her appeal contesting her assessment under section 143(3) of the Income Tax Act, 1961 (hereinafter ‘the Act’) dated 27.12.2016 for Assessment

Janakkumar Mukundprasad Patel, Surat vs. Income Tax Officer Ward 1 Bardoli, Surat

In the result, the appeal of the assessee is allowed

ITA 418/SRT/2023[2014-15]Status: DisposedITAT Surat30 Oct 2023AY 2014-15

Bench: Dr. A. L. Saini, Am आयकर अपील सं./Ita No.418/Srt/2023 ("नधा"रण वष" / Assessment Year: (2014-15) (Physical Court Hearing) Janakkumar Mukundprasad Income Tax Officer, Ward 1, Patel Bardoli Vs. 57 Omnagar, Tarsadi Kosamba (R.S) Surat-394120 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Auzpp 2106 P (अपीलाथ"/Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Assessee By Ms. Chaitali Shah, Ca िनधा"रती की ओर से /Respondent By Shri Vinod Kumar, Sr. Dr 05/10/2023 सुनवाई की तारीख/Date Of Hearing घोषणा की तारीख/Date Of Pronouncement 30/10/2023 आदेश / Order Per Dr. A. L. Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2014-15, Is Directed Against The Order Passed By The National Faceless Appeal Centre, Delhi [In Short, “Nfac/Ld. Cit(A)”] Dated 18.04.2023, Which In Turn Arises Out Of A Penalty Order Passed By The Income Tax Officer Ward-1 Bardoli, Under Section 271(1)(C) Of The Income Tax Act, 1961 (In Short ‘The Act’), Dated 02.06.2017. 2. Grounds Of Appeal Raised By The Assessee Are As Follows: “1.On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Learned Assessing Officer Has Erred In Levying Penalty U/S 271(1)(C) When Assessing Office Had Not Specified In The Notice U/S 274 R.W.S. 271(1)(C) Whether The Penalty Was Leviable For Concealment Of Particulars Income Or For Furnishing Inaccurate Particulars Thereof. 2. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Learned Cit(A) Has Erred In Confirming The Action Of Assessing Office In Levying Penalty Of Rs.3,09,062/- U/S 271(1)(C) Of The I.T. Act, 1961. 3. It Is Therefore Prayed That Penalty Levied By The Assessing Office & Confirmed By Cit(A) May Please Be Deleted.

Section 142(1)Section 271(1)(c)Section 274

IN THE INCOME TAX APPELLATE TRIBUNAL, "SMC” BENCH, SURAT BEFORE DR. A. L. SAINI, AM आयकर अपील सं./ITA No.418/SRT/2023