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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

Precious Transport Service, Kochi vs. The ITO (TDS), Kochi

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

ITA 969/COCH/2022[2004-05]Status: DisposedITAT Cochin11 Sept 2023AY 2004-05

Bench: Shri Sanjay Arora & Shri Manomohan Dasprecious Transport Service The Income Tax Officer 8/2065, New Road Tds, Kochi Kottukulam Road Vs. Mattancherry, Kochi 682002 [Pan:Aadfp6839M] (Appellant) (Respondent) Assessee By: Shri Surendranath Rao, Ca Revenue By: Smt. J.M. Jamuna Devi, Sr. D.R. Date Of Hearing: 11.09.2023 Date Of Pronouncement: 11.09.2023 O R D E R Per:Sanjay Arora, Am This Is An Appeal By The Assessee Directed Against The Order Dated 21.09.2022 By The Commissioner Of Income Tax (Appeals), Income Tax Department [Cit(A)], Dismissing It’S Appeal Contesting It’S Assessment Under Sections 201(1)/201(1A) Of The Income Tax Act, 1961 (Hereinafter "The Act") Dated 24.03.2011 For Assessment Year (Ay) 2004-05. 2. The Appeal Is Delayed By 8 Days, Which Is Suitably Explained Per A Sworn Affidavit Dated 23.11.2023 By Shri Daya Ram Singh, Managing Partner Of The Appellant-Firm. Hearing Was, Admitting The Appeal, Accordingly Proceeded With.

For Appellant: Shri Surendranath Rao, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R

first appellate authority on 17/10/2016 and, as it appears, there has occurred an error in the migration of the appeal to the NFAC. The assessee ought to have, rather than not responding, clarified matters to the ld. CIT(A). The impugned order is, nevertheless, null and void. We hold accordingly