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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

Smt. Laxmi Devi Chandwani, Bilaspur vs. Income Tax Officer, Ward-1(1), Bilaspur

In the result, we are inclined to set aside the order of the Ld

ITA 99/RPR/2023[2014-15]Status: DisposedITAT Raipur15 Sept 2023AY 2014-15

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.99/Rpr/2023 िनधा"रण वष" /Assessment Year: 2014-15 Smt. Laxmi Devi Chandwani V Income Tax Officer Agrasen Chowk S Ward-1(1), Bilaspur Bilaspur, Chhattisgarh-495 001. Chhattisgarh-495 001 Pan: Agmpc 8368H (अपीलाथ" /Appellant) (""यथ" / Respondent) .. िनधा"रती क" ओर से /Assessee By : Shri S.R. Rao, Adv. राज"व क" ओर से /Revenue By : Shri Satya Prakash Sharma, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 21/08/2023 घोषणा क" तार"ख/Date Of Pronouncement : 15/09/2023 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), National Faceless Appeal Centre (Nfac), Delhi, Dated 20.02.2023 U/S 250 Of The Income Tax Act, 1961 For Ay 2014-15, Arises From The Order Of Ld. Assessing Officer U/S 271B Of Income Tax Act, 1961 Dated 24.09.2022. The Grounds Of The Appeal Raised By The Assessee Are As Under: “1. That The Order Of The Ld. Commissioner Of Income Tax (Appeals) Is Arbitrary, Bad In Law & Facts. 2. That The Ld. Cit(Appeals) Has Erred In Law & Facts In Confirming The Levy Of Penalty U/S 271B Imposed By Learned Assessing Officer.”

For Appellant: Shri S.R. Rao, AdvFor Respondent: Shri Satya Prakash Sharma, Sr. DR
Section 147Section 250Section 271Section 271ASection 271BSection 44A

captioned appeal is filed by the assessee against the order passed by the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, dated 20.02.2023 u/s 250 of the Income Tax Act, 1961 for AY 2014-15, arises from the order of Ld. Assessing Officer u/s 271B ... total turnover of Rs.1,30,00,000/-). 3. Aggrieved by the penalty order, assessee preferred an appeal before the Ld. CIT(A), NFAC, but was unsuccessful. Dissatisfied with the findings of the Ld. CIT(A), the assessee preferred an appeal before the ITAT, hence, the case is before

Durga Prasad Chaware, Durg vs. Income Tax Officer-1(4), Bhilai, Durg

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

ITA 271/RPR/2023[2013-14]Status: DisposedITAT Raipur15 Sept 2023AY 2013-14

Bench: Shri Ravish Soodआयकर अपील सं. / Ita No. 271/Rpr/2023 "नधा"रण वष" / Assessment Year : 2013-14 Durga Prasad Chaware Near Ramanand Kirana Store, Santoshi Para, Camp-2, Bhilai, Dist. Durg (C.G.)-492 001 Pan : Alupc4794Q .......अपीलाथ" / Appellant बनाम / V/S. The Income Tax Officer-1(4), Bhilai, Dist. Durg (C.G.) ……""यथ" / Respondent Assessee By : None (Written Submission) Revenue By : Shri Satya Prakash Sharma, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 14.09.2023 घोषणा क" तार"ख / Date Of Pronouncement : 15.09.2023

For Appellant: None (Written submission)For Respondent: Shri Satya Prakash Sharma, Sr. DR
Section 144Section 147Section 148Section 68Section 69

present appeal filed by the assessee is directed against the order passed by the Commissioner of Income-Tax (Appeals), National Faceless Appeal Center (NFAC), Delhi, dated 26.06.2023, which in turn arises from the order passed by the AO under Sec. 144/147 of the Income-tax Act, 1961 (in short ... without considering the substantial documentary evidence that was filed with him in the course of the hearing. The assessee claims that the CIT(Appeals), NFAC, had disposed of the appeal without considering his reply dated 08.06.2023 a/w. nine enclosures (out of twenty nine enclosures) that were placed on his record