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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

Remote Software Solutions Pvt. Ltd, Alto Betim vs. Assessing Officer, Ward - 2(4), Panaji

In the result, the appeal filed by the assessee in ITA

ITA 35/PAN/2022[2019-20]Status: DisposedITAT Panaji06 Sept 2023AY 2019-20

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita Nos.34 & 35/Pan/2022 िनधा"रण वष" / Assessment Years : 2018-19 To 2019-20 Remote Software Solutions Vs. Assessing Officer, Pvt. Ltd., Ward-2(4), Panaji. H.No.1661, Near Tarun Bharat, Alto Betim, Penha De Franca-Goa- 403521. Pan : Aadcr0144G Appellant Respondent Assessee By : None Revenue By : Shri Ashwini D. Hosmani Date Of Hearing : 04.09.2023 Date Of Pronouncement : 06.09.2023 आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By The Assessee Directed Against The Separate Orders Of The National Faceless Appeal Centre, Delhi [‘Nfac’] Dated 16.03.2022 For The Assessment Years 2018-19 & 2019-20 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of The Assessee, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal Of The Assessee In Ita No.34/Pan/2022 For The Assessment Year 2018-19 Are Stated Herein.

For Appellant: NoneFor Respondent: Shri Ashwini D. Hosmani
Section 139(1)Section 143(1)Section 36(1)(va)

INTURI RAMA RAO, AM: These are the appeals filed by the assessee directed against the separate orders of the National Faceless Appeal Centre, Delhi [‘NFAC’] dated 16.03.2022 for the assessment years 2018-19 and 2019-20 respectively. 2. Since the identical facts and common issues are involved in both ... paid before due date for filing of Return of Income under the provisions of section 139(1) of the Act. On appeal before the NFAC, the NFAC confirmed the said disallowance. 5. Being aggrieved, the appellant is in appeal before us in the present appeal. 6. We heard the rival

Remote Software Solutions Pvt. Ltd, Alto Betim vs. Assessing Officer, Ward - 2(4), Panaji

In the result, the appeal filed by the assessee in ITA

ITA 34/PAN/2022[2018-19]Status: DisposedITAT Panaji06 Sept 2023AY 2018-19

Bench: Shri Inturi Rama Rao & Shri Partha Sarathi Chaudhuryआयकर अपील सं. / Ita Nos.34 & 35/Pan/2022 िनधा"रण वष" / Assessment Years : 2018-19 To 2019-20 Remote Software Solutions Vs. Assessing Officer, Pvt. Ltd., Ward-2(4), Panaji. H.No.1661, Near Tarun Bharat, Alto Betim, Penha De Franca-Goa- 403521. Pan : Aadcr0144G Appellant Respondent Assessee By : None Revenue By : Shri Ashwini D. Hosmani Date Of Hearing : 04.09.2023 Date Of Pronouncement : 06.09.2023 आदेश / Order Per Inturi Rama Rao, Am: These Are The Appeals Filed By The Assessee Directed Against The Separate Orders Of The National Faceless Appeal Centre, Delhi [‘Nfac’] Dated 16.03.2022 For The Assessment Years 2018-19 & 2019-20 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In Both The Above Captioned Appeals Of The Assessee, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal Of The Assessee In Ita No.34/Pan/2022 For The Assessment Year 2018-19 Are Stated Herein.

For Appellant: NoneFor Respondent: Shri Ashwini D. Hosmani
Section 139(1)Section 143(1)Section 36(1)(va)

INTURI RAMA RAO, AM: These are the appeals filed by the assessee directed against the separate orders of the National Faceless Appeal Centre, Delhi [‘NFAC’] dated 16.03.2022 for the assessment years 2018-19 and 2019-20 respectively. 2. Since the identical facts and common issues are involved in both ... paid before due date for filing of Return of Income under the provisions of section 139(1) of the Act. On appeal before the NFAC, the NFAC confirmed the said disallowance. 5. Being aggrieved, the appellant is in appeal before us in the present appeal. 6. We heard the rival

Ajay Chouhan, Bhilai, Durg vs. Assistant Commissioner of Income Tax-1(1), Bhilai, Durg

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

ITA 219/RPR/2023[2015-16]Status: DisposedITAT Raipur06 Sept 2023AY 2015-16

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.219/Rpr/2023 "नधा"रण वष" /Assessment Year: 2015-16 Ajay Chouhan Vs The Asst. Commissioner Of Income First Floor, Chouhan Estate Tax-1(1) Supela, Bhilai-490 023 32/32 Bunglow, Bhailai-490 009 (C.G.) Pan: Acfpc 0549K (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 : 23/08/2023 घोषणा क" तार"ख/Date Of Pronouncement : 06 /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 02.06.2023 U/S 250 Of The Income Tax Act, 1961. The Grounds Of The Appeal Raised By The Assessee Are As Under: “1) In The Facts & Circumstances Of The Case & In Law, The Ld. Commissioner Of Income-Tax (Appeals) Has Erred In Confirming The Disallowance Of Exemption Of Rs.47,90,164 Claimed U/S 54B Of The Income- Tax Act, 1961. 2) The Impugned Order Is Bad In Law & On Facts. 3) The Appellant Reserves The Right To Add, Alter Or Omit All Or Any Of The Grounds Of Appeal In The Interest Of Justice.”

For Appellant: Shri S.R. Rao, AdvFor Respondent: Shri Satya Prakash Sharma, SR-DR
Section 143(3)Section 250Section 548Section 54B

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 02.06.2023 u/s 250 of the Income Tax Act, 1961. The grounds of the appeal raised by the assessee are as under ... purposes as in the case of original asset. With such contentions, the assessee challenged the decision of Ld. AO before the Ld. CIT(A), NFAC, Delhi, however, the contentions of the assessee were not considered by the Ld. CIT(A) as supported with cogent material, thus, was treated as devoid

Shivom Vidyapeeth Shikshan Samiti, Raipur vs. Income Tax Officer, Exemetion 2, Raipur

In the result, the appeal of the assessee is allowed

ITA 261/RPR/2022[2015-16]Status: DisposedITAT Raipur06 Sept 2023AY 2015-16

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.261/Rpr/2022 "नधा"रण वष" /Assessment Year: 2015-16 Shivom Vidyapeeth Shikshan Samiti V Income Tax Officer 214, Shivom Vihar Raipur-492 013 S Exemption-2 Chhattisgarh Raipur Pan: Aahts 6464M (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri G.S. Agrawal & Shubham Agarwal, Cas राज"व क" ओर से /Revenue By : Shri Satya Prakash Sharma, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 08/08/2023 घोषणा क" तार"ख/Date Of Pronouncement : 06/09/2023 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 26.10.2022 U/S 250 Of The Income Tax Act, 1961 For Ay 2015-16, Instituted Against The Penalty Order By Ld. Assessing Officer U/S 271(1)(C) Dated 28.06.2018. The Grounds Of The Appeal Raised By The Assessee Are As Under: “1. That Under The Facts & The Law, The Ld. Cit (A) Erred In Confirming The Order Of Penalty Levied By The Ld. Ao U/S 271(1)(C) At Rs.2,40,630/- Rejecting The Explanation. Prayed That Provisions Of Sec.271(1)(C) Are Not Applicable, Penalty Levied At Rs.2,40,630/- Kindly Be Cancelled. 2. That Under The Facts & The Law, The Ld. Cit (A) Further Erred In Confirming The Penalty Levied At Rs. 2,40,630/- U/S 271(1)(C) By The Ld. Ao, Though The Ld. Ao Did Not Allow Opportunity To The Appellant As To For Which Default, Penalty Proceedings Were Initiated. Prayed To Cancel The Penalty.

For Appellant: Shri G.S. Agrawal & ShubhamFor Respondent: Shri Satya Prakash Sharma, Sr. DR
Section 10Section 11Section 12ASection 143(3)Section 250Section 271(1)(c)Section 57

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 26.10.2022 u/s 250 of the Income Tax Act, 1961 for AY 2015-16, instituted against the penalty order by Ld. Assessing Officer ... concealment of income by the assessee. 4. Aggrieved by the order of Assessing Officer, the assessee preferred an appeal before the Ld. CIT(A), NFAC. However, the contentions of the assessee were dismissed by the Ld. CIT(A). Now, the assessee is in appeal before us challenging the decision