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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

Savla Buildwell LLP, Mumbai vs. National Faceless Appeal Centre, Delhi

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

ITA 2065/MUM/2022[2012-13]Status: DisposedITAT Mumbai06 Oct 2023AY 2012-13

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.2065/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2012-13) Savla Buildwell Llp बिधम/ Ito, Ward-33(3)(3) 6.52, Mahavir Nagar, Near Kautilya Bhawan, Vs. Ganesh Kripa Society, Mumbai-400020. Ekta Nagar, Opp Bharat Petrol Pump, Link Road, Kandivali (West), Mumbai- 400067. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Absfs9884P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Smt. Himani Jain Revenue By: Shri Prakash Kishinchandani (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 22/09/2023 घोषणा की तारीख /Date Of Pronouncement: 06/10/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Llp Against The Order Of The Ld.Cit(A)/Nfac Dated 13.06.2020 For Ay 2012-13. 2. At The Outset, It Is Noted That This Tribunal Had Dismissed The Appeal Of The Assessee In The First Round As Not Maintainable, Since The Assessee Omitted To File The Grounds Of Appeal As Well As It Was An Ex-Parte Order Qua Assessee Dated 23.12.2022. However, The Assessee Preferred Miscellaneous Application (Ma) Against The Order Passed By The Tribunal Dated 23.12.2022 & The Tribunal Was Pleased To Recall The Order, Since The Tribunal Order Was An Ex-Parte Order.

For Appellant: Smt. Himani JainFor Respondent: Shri Prakash Kishinchandani (Sr
Section 250Section 250(6)

given any details of the notices nor asserted that the notices were served upon the assessee. In such circumstances, the impugned order of the NFAC cannot be countenanced. Therefore, the impugned order of the Ld. CIT(A)/NFAC is set aside and the appeal restored back to his file