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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

Steel Abrasive Industries Ltd., Raipur vs. Deputy Commissioner of Income Tax, Circle-2(1), Raipur

In the result, appeal of the assessee is dismissed in terms of our aforesaid observations

ITA 96/RPR/2023[2011-12]Status: DisposedITAT Raipur10 Oct 2023AY 2011-12

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.96/Rpr/2023 "नधा"रण वष" /Assessment Year: 2011-12 Steel Abrasive Industries Ltd. Vs The Deputy Commissioner Of Income 301, Shyam Square Second Floor, Tax, Circle-2(1), Raipur (C.G.) Pandri, Raipur, Raipur-H.O, Raipur-492 001 Pan: Aagcs7905P (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri R.B Doshi, Ca राज"व क" ओर से /Revenue By : Shri Satya Prakash Sharma, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 26/09/2023 घोषणा क" तार"ख/Date Of Pronouncement : 10/10/2023 आदेश / O R D E R Per Arun Khodpia, Am : The Captioned Appeal Is Filed By The Assessee Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals), Nfac, Delhi, Dated 17.01.2023 Which In Turn Arises From The Order By Ld. Assessing Officer U/S 143(3) R.W.S. 263 Dated 30.09.2016 For A.Y.2011-12. The Grounds Of The Appeal Raised By The Assessee Are As Under: “1. Ld. Cit (Appeals) Has Erred In Confirming Addition Of Rs.1,13,20,940/- Made By Ao, On Account Of Alleged Suppression Of Production Of 467.32Mt. Ld. Cit(A) Erred In Upholding The Action Of Ao In Rejecting Rectification Application Filed By The Appellant. 2. The Impugned Addition Made By The Ld. A.O. Is Bad In Law, Illegal, Unjustified, Contrary To Facts & Law & Based Upon Recording Of Incorrect Facts & Finding, In Violation Of Principles Of Natural Justice & The Same Should Have Been Quashed By The Ld. Cit (Appeals). 3. The Appellant Reserves The Right To Amend, Modify Or Add Any Of The Ground/S Of Appeal.”

For Appellant: Shri R.B Doshi, CAFor Respondent: Shri Satya Prakash Sharma, Sr. DR
Section 143(2)Section 143(3)Section 154Section 263

Arun Khodpia, AM : The captioned appeal is filed by the assessee against the order passed by the Ld. Commissioner of Income Tax (Appeals), NFAC, Delhi, dated 17.01.2023 which in turn arises from the order by Ld. Assessing Officer u/s 143(3) r.w.s. 263 dated 30.09.2016 for A.Y.2011-12. The grounds

Sunil Bardia, Rajnandgaon vs. Income Tax Officer, Ward-1, Rajnandgaon

In the result, appeal of the assessee is allowed in terms of our aforesaid observations

ITA 254/RPR/2022[2017-18]Status: DisposedITAT Raipur10 Oct 2023AY 2017-18

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No. 254/Rpr/2022 "नधा"रण वष" /Assessment Year: 2017-18 Sunil Bardia Vs Income Tax Officer C/O. Bardia Niwas, Sadar Bazar, Ward-1, Rajnandgaon Rajnandgaon (C.G.)-491 441 Pan: Adfpb7851A (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri R.B Doshi, Ca राज"व क" ओर से /Revenue By : Shri Satya Prakash Sharma, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 26/09/2023 घोषणा क" तार"ख/Date Of Pronouncement : 10 /10/2023 आदेश / O R D E R Per Arun Khodpia, Am :

For Appellant: Shri R.B Doshi, CAFor Respondent: Shri Satya Prakash Sharma, Sr. DR
Section 143(3)Section 57Section 69A

Arun Khodpia, AM : The captioned appeal is filed by the assessee against the order passed by the Ld. Commissioner of Income Tax (Appeals), NFAC, Delhi, dated 19.10.2022 which in turn arises from the order by Ld. Assessing Officer u/s. 143(3) dated 19.12.2019 for A.Y.2017-18. The grounds of the appeal ... receipt of interest at a lower rates for Rs.5,58,088/-, the assessee has challenged the order of the A.O before the CIT(Appeals), NFAC, however, the contention of the assessee did not find favour 4 with the CIT(Appeals), therefore, the addition made on this count was confirmed

Mahesh Prasad Singh, Ambikapur vs. Principal Commissioner of Income Tax, Raipur-1, Raipur

In the result, appeal of the assessee is dismissed in terms of our aforesaid observations

ITA 196/RPR/2022[2011-12]Status: DisposedITAT Raipur10 Oct 2023AY 2011-12

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.196/Rpr/2022 "नधा"रण वष" /Assessment Year: 2011-12 Mahesh Prasad Singh Vs The Pr. Commissioner Of Income Tax, Vidyanagar, Sector-3, Raipur-1 Beside Sant Harkewal School, Ambikapur (C.G.)-497 001 Pan: Bbvps9072H (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri R.B Doshi, Ca राज"व क" ओर से /Revenue By : Shri Debashis Lahiri, Cit-Dr सुनवाई क" तार"ख / Date Of Hearing : 26.09.2023 घोषणा क" तार"ख/Date Of Pronouncement : 10/10/2023 आदेश / O R D E R Per Arun Khodpia, Am : The Captioned Appeal Is Filed By The Assessee Against The Order Passed By The Ld. Pr. Commissioner Of Income Tax, National Faceless Appeal Centre (Nfac), Delhi, Dated 18.03.2023 U/S 263 Of The Income Tax Act, 1961 (For Short ‘The Act’) For Ay 2011-12. The Grounds Of The Appeal Raised By The Assessee Are As Under: “1. Ld. Pr. Cit Erred In Invoking The Provisions Of Sec. 263 & In Setting Aside The Assessment Order For Fresh Enquiry. Order Passed U/S 263 Is Unsustainable & Is Passed Without Properly Appreciating The Facts & Evidences On Record. The Assessment Order Is Neither Erroneous Nor Prejudicial To The Interest Of Revenue. 2. The Appellant Reserves The Right To Add, Amend Or Modify Any Of The Ground/S Of Appeal.”

For Appellant: Shri R.B Doshi, CAFor Respondent: Shri Debashis Lahiri, CIT-DR
Section 139(1)Section 143(3)Section 263Section 44A

captioned appeal is filed by the assessee against the order passed by the Ld. Pr. Commissioner of Income Tax, National Faceless Appeal Centre (NFAC), Delhi, dated 18.03.2023 u/s 263 of the Income Tax Act, 1961 (for short ‘the Act’) for AY 2011-12. The grounds of the appeal raised

Pradhan Transport Pvt. Ltd., Cuttack vs. ACIT Circle -1(1), Cuttack

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

ITA 263/CTK/2023[2012-13]Status: DisposedITAT Cuttack09 Oct 2023AY 2012-13

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अऩीऱ सं/Ita No.263/Ctk/2023 (ननधाारण वषा / Assessment Year : 2012-2013) M/S Pradhan Transport Pvt. Ltd., Vs Acit, Circle-1(1), Cuttack Mahanadi Vihar Road, Sikharpur, Cuttack-753003 Pan No. :Aaccp 9795 Q (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri B.K.Mahapatra, Advocate राजस्व की ओर से /Revenue By : Shri Charan Dass, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 09/10/2023 घोषणा की तारीख/Date Of Pronouncement : 09/10/2023 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 07.06.2023, Passed In Itba/Nfac/S/250/2023-24/1053602705(1) For The Assessment Year 2012-2013. 2. It Was The Submission Of The Ld. Ar That The Issue In This Appeal Was In Respect Of Two Additions Representing Loss & Damages & Bad Debt. It Was The Submission That In Appeal Before The Ld. Cit(A) Though Substantial Documents Have Been Produced, However, The Ld. Cit(A) In Para 5.3 Of His Order Has Held That “In Absence Of Any Concrete Documentary Evidence, The Appeal Cannot Be Adjudicated And, Therefore, Additions Made By The Ld. Ao Is Upheld. It Was The Submission That If The Ld. Cit(A) Was Not Satisfied With The Evidence As Produced, Then It Was Incumbent

For Appellant: Shri B.K.Mahapatra, AdvocateFor Respondent: Shri Charan Dass, Sr. DR

Bench : This is an appeal filed by the assessee against the order of the ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi, dated 07.06.2023, passed in ITBA/NFAC/S/250/2023-24/1053602705(1) for the assessment year 2012-2013. 2. It was the submission of the ld. AR that the issue in this appeal