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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

Naresh Kumar & Sons HUF, Raipur vs. Income Tax Officer, Ward-3(1), Raipur

In the result, the assessee's appeal is allowed for statistical purposes in terms of my observations above

ITA 247/RPR/2022[2015-16]Status: DisposedITAT Raipur11 Oct 2023AY 2015-16

Bench: Shri Ravish Soodआयकर अपील सं. / Ita No. 247/Rpr/2022 "नधा"रण वष" / Assessment Year : 2015-16 Naresh Kumar & Sons Huf 11/3, Near New Bus Stand, Pandri, Govind Nagar, Raipur (C.G.)-492 001 Pan : Aaghn0904E .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer, Ward 3(1), Raipur (C.G.). ……""यथ" / Respondent Assessee By : Shri G.S. Agrawal, Ca : Shri Satya Prakash Sharma, Sr. Dr Revenue By सुनवाई क" तार"ख / Date Of Hearing : 25.09.2023 घोषणा क" तार"ख / Date Of Pronouncement : 11.10.2023

For Appellant: Shri G.S. Agrawal, CA
Section 143(2)Section 143(3)Section 44A

order passed by the Commissioner of Income-Tax (Appeals), 2 Naresh Kumar & Sons HUF Vs. ITO, Ward-3(1), Raipur National Faceless Appeal Center (NFAC), Delhi, dated 10.11.2022, which in turn arises from the order passed by the A.O under Sec. 143(3) of the Income ... impugned order on the following grounds of appeal: “1. That under the facts and the law, the learned Commissioner of Income Tax (Appeals), NFAC, Delhi erred in confirming the observation of the Ld. Assessing Officer that the Appellant was engaged in trading of vegetables rejecting the explanation that

Vishwakarma Educational Trust, Trivandrum vs. DCIT, Exemption Circle, Trivandrum

In the result, the appeal by the assessee is partly allowed

ITA 901/COCH/2022[2018-19]Status: HeardITAT Cochin11 Oct 2023AY 2018-19

Bench: Shri Sanjay Arora & Shri Manomohan Dasvishwakarma Dy. Cit (Exemptions) Educational Trust Aayakar Bhavan 14, Ulloor Lane Peroorkada Road, Kowdiar Vs. Dpi Junction, Jagathy Thiruvananthapuram 695003 Trivandurm 695014 [Pan:Aaatv1824D] (Appellant) (Respondent) Assessee By: Smt. Parvathy Ammal, Ca Revenue By: Smt. J.M. Jamuna Devi, Sr. D.R. Date Of Hearing: 12.09.2023 Date Of Pronouncement:11.10.2023 O R D E R Per Sanjay Arora, Am This Is An Appeal By The Assessee Agitating The Dismissal Of It’S Appeal Contesting The Processing Of It’S Return Of Income Under Section 143(1) Of The Income Tax Act, 1961 (Hereinafter ‘The Act’) Dated 30.10.2019 For Assessment Year (Ay) 2018-19,By The Commissioner Of Income Tax (Appeals), Income Tax Department (Nfac, Delhi) [Cit(A)] Vide Order Dated 25.7.2022. 2. The Brief Facts Of The Case Are That The Assessee, A Charitable Trust Registered U/S. 12Aa Of The Act, Filed It’S Return Of Income For The Relevant Year On 28.8.2018 Declaring Nil Income, I.E., Claiming Exemption U/S. 11 On The Entirety Of It’S Income. The Same Was Processed U/S.143(1)(A) Of The Act, Denying It The Benefit Of Section 11 Of The Act, I.E., At An Income Of Rs. 13,34,692. The Denial Of Exemption Was For The Reason Of Non-Audit Of It’S Accounts And, Consequently, Non-Filing Of The Audit Report, Required To Be Filed In The Prescribed Form (Form 10B), Along With The Return Of

For Appellant: Smt. Parvathy Ammal, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 11Section 11(1)(a)Section 11(1)(d)Section 12Section 12(1)Section 12ASection 12A(1)(b)Section 139Section 143(1)Section 143(1)(a)

hereinafter ‘the Act’) dated 30.10.2019 for Assessment Year (AY) 2018-19,by the Commissioner of Income Tax (Appeals), Income Tax Department (NFAC, Delhi) [CIT(A)] vide order dated 25.7.2022. 2. The brief facts of the case are that the assessee, a charitable trust registered u/s. 12AA of the Act, filed

Vishal Rajendra Madhavani, Surat vs. Assessing Officer, National Faceless Assessment Centre, Delhi

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

ITA 557/SRT/2023[2018-19]Status: DisposedITAT Surat11 Oct 2023AY 2018-19

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.557/Srt/2023 Assessment Year: (2018-19) (Physical Hearing) Vishal Rajendra Madhavani, Vs. The Assessing Officer, A-702, Silver Spring Apartment, National Faceless Assessment Shree Ram Petrol Pump, Anand Centre (Nfac), Mahal Road, Surat – 395009. Delhi "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Asapm7005R (Appellant) (Respondent) Shri Bipin Jariwala, Advocate Appellant By Shri Vinod Kumar, Sr. Dr Respondent By Date Of Hearing 11/10/2023 Date Of Pronouncement 11/10/2023

Section 143(3)Section 250(6)

Physical Hearing) Vishal Rajendra Madhavani, Vs. The Assessing Officer, A-702, Silver Spring Apartment, National Faceless Assessment Shree Ram Petrol Pump, Anand Centre (NFAC), Mahal Road, Surat – 395009. Delhi "थायीलेखासं./जीआइआरसं./PAN/GIR No.: ASAPM7005R (Appellant) (Respondent) Shri Bipin Jariwala, Advocate Appellant by Shri Vinod Kumar, Sr. DR Respondent by Date ... order passed by the Learned Commissioner of Income Tax (Appeals), [in short “the ld. CIT(A)”], National Faceless Appeal Centre (in short ‘the NFAC’), Delhi, dated 14.07.2023, which in turn arises out of an assessment order passed by the Assessing Officer u/s 143(3) r.w.s 144B of the Income