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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

Sumitra Devi Bihani, Siliguri vs. ITO, Ward 1(2), Siliguri

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

ITA 2588/KOL/2025[2017-2018]Status: DisposedITAT Kolkata16 Jan 2026AY 2017-2018

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2017-18 Sumitra Devi Bihani…..………...………..............................……….……Appellant C/O Rexine King, Tera Hotel Building, Sevoke Road, Siliguri-734001. [Pan: Adjpb3235A] Vs. Ito, Ward-1(2), Siliguri...………….……………………...……...…..…..Respondent Appearances By: Shri Sujit Basu & Rajeev Mukherjee, Advocates, Appeared On Behalf Of The Appellant. Shri S B Chakraborty, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 14, 2026 Date Of Pronouncing The Order : January 16 ,2026 Order Per Rajesh Kumar: This Is An Appeal Preferred By The Assessee Against The Order Of The Nfac, Delhi (Hereinafter Referred To As The “Ld. Cit(A)”] Dated 26.10.2023 Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) For The Ay 2017-18. 2 After Hearing The Rival Contentions, We Find That The Assessing Officer Framed The Assessment U/S 144 By Making An Addition U/S 69A Of Rs.84,74,102/- During Demonetization Period. In The Appellate Proceedings, The Dismissed The Appeal Of The Assessee By Passing An Ex Parte Order On Account Of Non-Appearance On Behalf Of The Assessee On Different Dates. We Find That The Ld. Cit(A) Dismissed The Appeal By Confirming The Order Of The Assessing Officer Without Discussing & Deciding The Issues On Merits When The Assessee Failed To Respond To The Sumitra Devi Bihani Opportunities Provided By The Ld. Cit(A). Under The Circumstances, In Our View, The Interest Of Justice Would Be Well-Served If The Appeal Is Restored To The File Of The Ld. Cit(A) With A Direction To Decide The Same On Merits After Affording Adequate Opportunity Of Being Heard To The Assessee. Accordingly, We Set Aside The Order Of The Ld. Cit(A) & Restore The Issue To The File Of The Ld. Cit(A).

Section 144Section 250Section 69A

order : January 16 ,2026 ORDER Per Rajesh Kumar, Accountant Member: This is an appeal preferred by the assessee against the order of the NFAC, Delhi (hereinafter referred to as the “Ld. CIT(A)”] dated 26.10.2023 passed u/s 250 of the Income Tax Act (hereinafter referred

Harihar Dutt Memorial Trust, Kolkata vs. I.T.O., Ward - 1(4), Exemption, Kolkata

In the result, appeal filed by the assessee stands partly allowed for statistical purposes

ITA 1824/KOL/2025[2022-2023]Status: DisposedITAT Kolkata16 Jan 2026AY 2022-2023

Bench: Shri George Mathanआयकर अपील सं/Ita No.1824/Kol/2025 (नििाारण वर्ा / Assessment Year :2022-2023) Harihar Dutt Memorial Trust, Vs Ito Ward-1(4), Exemption, 26/5B, Jhil Road, Dhakuria, Kolkata Kolkata,West Bengal-700031 Pan No. :Aaath 4327 F (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri Soumitra Choudhary, Ar राजस्व की ओर से /Revenue By : Shri Abhijit Adhikary, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 13/01/2026 घोषणा की तारीख/Date Of Pronouncement : 13/01/2026 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Dated 20.06.2025, Passed By The Ld.Cit(A), National Faceless Appeal Centre (Nfac), Delhi, For The Assessment Year 2022-2023. 2. It Was Submitted By The Ld. Ar That The Ao Has Applied Provision Of Section 115Jd On The Ground That The Assessee’S Provisions Registration U/.S12A Of The Act Has Been Cancelled. It Was The Submission That The Assessee Has Been Granted Provisional Registration From The Assessment Year 2021-2022 To 2022-2023. Ld.Ar Drew My Attention To The Page 15 Of The Paper Book Which Is The Order Of Provisional Registration & The Same Reads As Follows :-

For Appellant: Shri Soumitra Choudhary, ARFor Respondent: Shri Abhijit Adhikary, Sr. DR
Section 115J

This is an appeal filed by the assessee against the order dated 20.06.2025, passed by the ld.CIT(A), National Faceless Appeal Centre (NFAC), Delhi, for the assessment year 2022-2023. 2. It was submitted by the ld. AR that the AO has applied provision of Section 115JD on the ground

Satish Kumar Mailik, New Delhi vs. ITO Ward 52(3), New Delhi

In the result, appeal of the assessee is partly allowed

ITA 4307/DEL/2025[2017-18]Status: DisposedITAT Delhi16 Jan 2026AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalsatish Kumar Malik, Income Tax Officer, 2/31, Ansari Road, Darya Ganj, Ward-52(3), New Delhi-110002. Vs. Delhi. Pan-Adrpm7097D (Appellant) (Respondent) Assessee By Shri R.M. Mehta, Ca & Shri J.P. Chawla, Ca Department By Shri Jitender Singh, Cit-Dr Date Of Hearing 24/11/2025 Date Of Pronouncement 16/01/2026 O R D E R Per Manish Agarwal, Am: The Present Appeal Is Filed By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi Dated 28.05.2025 In Appeal No. Cit(A), Delhi-18/10299/2019-20 Arising Out Of The Order Passed U/S 143(3) Of The Income Tax Act, 1961 (‘The Act’ In Short) Dated 30.12.2019 For Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Engaged In The Business Of Trading Of Goods. The Return Of Income For The Year Under Appeal Was Filed On 02.11.2017 Declaring Total Income Of Rs.26,19,530/- & The Case Of The Assessee Was Selected Under Complete Scrutiny Under Cass For The Reason “Abnormal Increase In Cash Deposit During The Demonetization”. Thereafter, Notice U/S 143(2) Satish Kumar Malik Vs. Ito Followed By Notices U/S 142(1) Were Issued From Time To Time, In Response To Which Assessee Filed Written Submissions. After Considering The Submissions Filed By The Assessee The Ao Was Of The Opinion That Assessee Had Deposited Cash Of Rs.44,44,750/- In Bank During Demonetization Period In Sbn Source Of Which Was Not Explained And, Therefore, Made The Addition Of The Said Cash As Unexplained Credits U/S 68 Of The Act & Further Invoked The Provisions Of Section 115Bbe Of The Act & Charge Tax At The Higher Rate.

Section 115BSection 142(1)Section 143(2)Section 143(3)Section 145(3)Section 68

AGARWAL, AM: The present appeal is filed by the assessee against the order of Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi dated 28.05.2025 in Appeal No. CIT(A), Delhi-18/10299/2019-20 arising out of the order passed u/s 143(3) of the Income