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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

Sadanand Champakrao Manekar, Mumbai vs. DCIT, CPC, Begaluru

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

ITA 1516/MUM/2022[2018-19]Status: DisposedITAT Mumbai24 Aug 2023AY 2018-19

Bench: Shri Baskaran Br & Shri Pavan Kumar Gadalesadanand Champak Rao Vs. Dcit, Cpc Manekar Bangalore.-560500 C/O Sanjay Vhanbatte & Compnay, Cts No. 245, C/1, First Floor, Mahalaxmi Bank Bldg, Near Kelavkar Hospital Tarabai Park, Mumbai – 416003. Pan/Gir No. : Acepm7834N Appellant .. Respondent Appellant By : Shri Bhavesh Jain.Ar Respondent By : Shri Rp Veena.Dr Date Of Hearing 24.08.2022 Date Of Pronouncement 25.08.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Cit(A)-National Faceless Appeal Centre (Nfac), Delhi Passed U/S 143(1) & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal. Sadanand Champakrao Manekar, Mumbai. 1. On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A), Nfac, Delhi Erred In Confirming The Addition Made By The Dcit, Cpc, Bengaluru By Way Of Adjustment U/S 143(1)(A) In Respect Of Employees' Contribution To Provident Fund & Esic Payment Of Rs. 14,21,489/- As Not Being Allowable As Deduction Under Section 36(1)(Va) As The Contribution Has Been Deposited With The Respective Authority After The Due Date As Provided Under The Respective Law. 2. On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A), Erred In Not Accepting The Contention Of The Appellant That Such Action Of The Dcit Does Not Fall Within The Ambit Of The Adjustments Prescribed Under Section 143(1)(A). The Appellant Craves Leave To Add To, Amend, Alter, Modify, Delete Or Add A New Ground Of Appeal Before Or At The Time Of Hearing.

For Appellant: Shri Bhavesh Jain.ARFor Respondent: Shri RP Veena.DR
Section 143(1)Section 143(1)(a)Section 36(1)(va)

PAVAN KUMAR GADALE JM: The assessee has filed the appeal against the order of the CIT(A)-National Faceless Appeal Centre (NFAC), Delhi passed u/s 143(1) and 250 of the Act. The assessee has raised the following grounds of appeal. Sadanand Champakrao Manekar, Mumbai. 1. On the facts ... circumstances of the case and in law the Ld. CIT(A), NFAC, Delhi erred in confirming the addition made by the DCIT, CPC, Bengaluru by way of adjustment u/s 143(1)(a) in respect of Employees' Contribution to Provident Fund and ESIC payment