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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

Vivek Raghu Shetty, Mumbai vs. Asstt CIT Circle-32(3), Mumbai

In the result, the appeal of the assessee is allowed

ITA 978/MUM/2022[2011-12]Status: DisposedITAT Mumbai23 Oct 2023AY 2011-12

Bench: Shri Kuldip Singh & Shri Amarjit Singhvivek Raghu Shetty Vs. Asst. Commissioner Of 1/1, Shrinagar Building, Income-Tax Circle-32(3) Chandavarker Road, M.K. Road, New Marine Borivali (West), Lines, Churchgate, Mumbai – 400092 Mumbai- 400020 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaeps2750D Appellant .. Respondent [ Appellant By : Anuj Kisnadwala Respondent By : Ajeya Kumar Ojha Date Of Hearing 19.10.2023 Date Of Pronouncement 11.12.2023 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assesse Is Directed Against The Order Passed By The Ld. Cit(A) Nfac, Dated 11.03.2022 For A.Y. 2011-12. The Assessee Has Raised The Following Grounds Before Us: “1. The Learned Cit (A) Has Erred In Law & On Facts In Confirming The Contention Of Assessing Officer That Shares Of M/S Comfort Intec Ltd Is A Penny Stock. 2. The Learned Cit (A) Has Erred In Not Considering The Fact That The Appellant Is Engaged In Business Of Trading In Shares & Offered The Income Generated From The Same Under The Head Of 'Profit & Gain From Business & Profession & Not Claimed Benefit Of Exemption Under Long Term Capital Gain. 3. The Learned Cit (A) Has Erred In Law & On Facts In Not Deleting Addition Of Entire Sale Consideration Amounting To Rs.20,46,524/- Made By The Assessing Officer U/S. 68 Of The Act Alleging The Same To Be Transaction In Penny Stock.

For Appellant: Anuj KisnadwalaFor Respondent: Ajeya Kumar Ojha
Section 143(1)Section 147Section 148Section 68Section 69C

Amarjit Singh (AM): This appeal filed by the assesse is directed against the order passed by the ld. CIT(A) NFAC, dated 11.03.2022 for A.Y. 2011-12. The assessee has raised the following grounds before us: “1. The learned CIT (A) has erred in law and on facts in confirming