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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

Sri Dharmendra Kumar Prusty, Bhubaneswar vs. ITO Khurda Ward, Khurda

In the result, appeal of the assessee stands dismissed

ITA 168/CTK/2023[2016-17]Status: HeardITAT Cuttack09 Aug 2023AY 2016-17

Bench: Before Shri George Mathan, Judicialassessment Year : 2016-17 Sri Sri Dharmendra Dharmendra Kumar Kumar Vs. Income Tax Officer, Khurda Income Tax Officer, Khurda Prusty, Plot No.673/6046, Prusty, Plot No.673/6046, Ward, Khurda. Ward, Khurda. Panchasakha Panchasakha Nagar, Nagar, Dumduma, Bhubaneswar. Dumduma, Bhubaneswar. Pan/Gir No. Pan/Gir No.Bmlpp 9600 F (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : N O N E Revenue By : Shri S.C.Mohanty : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 09/08 8/2023 Date Of Pronouncement : 09/0 /08/2023 O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), , Nfac, Nfac, Delhi, Delhi, Dated 20.3.2023 20.3.2023 In Appeal No.Itba/Nfac/S/250/2022 Itba/Nfac/S/250/2022-23/1051015402(1) For The Assessment Year For The Assessment Year 206-17. 2. None Appeared On Behalf Of The Assessee. Shri S.C.Mohanty, Ld Sr None Appeared On Behalf Of The Assessee. Shri S.C.Mohanty, Ld Sr None Appeared On Behalf Of The Assessee. Shri S.C.Mohanty, Ld Sr Dr Appeared For The Revenue. Dr Appeared For The Revenue.

For Appellant: N o n eFor Respondent: Shri S.C.Mohanty
Section 144

assessee against the order of the ld This is an appeal filed by the assessee against the order of the ld CIT(A), , NFAC, NFAC, Delhi, Delhi, dated 20.3.2023 20.3.2023 in Appeal No.ITBA/NFAC/S/250/2022 ITBA/NFAC/S/250/2022-23/1051015402(1) for the assessment year for the assessment year 206-17. 2. None appeared ... Appellant : Sri Dharmendra Kumar Prusty, Plot No.673/6046, Panchasakha Nagar, Dumduma, Bhubaneswar 2. The Respondent: Income Tax Officer, Khurda Ward, Khurda 3. The CIT(A)-NFAC, Delhi 4. Pr.CIT-, Bhubaneswar 5. DR, ITAT, Cuttack 6. Guard file. //// By order Sr.Pvt.secretary ITAT, Cuttack

R.K. Carriers India Private Limited, Udaipur vs. ACIT, Circle-1, Udaipur

In the result, appeal of the Assessee is dismissed

ITA 147/JODH/2022[2014-15]Status: DisposedITAT Jodhpur09 Aug 2023AY 2014-15

Bench: Shri Pavan Kumar Gadale & Dr. Dipak P. Ripoteassessment Year : 2014-15 R.K. Carriers India Private The Acit, Limited, 4 Laxmi Nagar, Subcity V Circle-1, Centre Chouraha, Sector No. 8, S Udaipur (Raj.) Hiran Magri, Udaipur (Raj.)- 313001 Pan: Aadcr8681E Appellant/ Assessee Respondent /Revenue Assessee By None. Revenue By Ms. Nidhi Nair, Jcit-Dr Date Of Hearing 09/08/2023 Date Of Pronouncement 09/08/2023 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Commissioner Of Income Tax(Appeals)[Nfac], Delhi Dated 29.08.2022 Emanating From The Order Under Section 143(3) Of The I.T. Act, 1961 Passed By Acit, Circle-1, Udaipur For The A.Y.2014-15. The Assessee Has Raised The Following Grounds Of Appeal: “1. That The Ld. Cit (Appeals), Nfac, Delhi Has Grossly Erred In Facts & In Law In Confirming The Disallowance Of Rs. 308827.00 Made On Account Of Delayed Statutory Payment Of Employee Contribution Of Pf As Per The Provisions Of Section 36(1)(Va) Of The It Act, 1961 As Per His Convenience. Therefore, The Action Of The Ld. Cit (Appeals), Nfac, Delhi Is Unwarranted, Against The Principles Of Natural Justice, Illegal & Unjustified & The Disallowance So Made & Confirmed By The Ld. Cit (Appeals), Nfac, Delhi Is Bad In Law & Liable To Be Deleted. R.K. Carriers India Private Ltd. 2. That The Appellant Reserves His Rights To Add, To Alter Or To Modify Any Grounds Of The Appeal On Or Before Hearing Of The Same.”

Section 143(3)Section 36(1)(va)

DIPAK P. RIPOTE, AM: This appeal filed by the Assessee is directed against the order of ld. Commissioner of Income Tax(Appeals)[NFAC], Delhi dated 29.08.2022 emanating from the order under section 143(3) of the I.T. Act, 1961 passed by ACIT, Circle-1, Udaipur for the A.Y.2014-15. The Assessee ... raised the following grounds of appeal: “1. That The Ld. CIT (Appeals), NFAC, Delhi has grossly erred in facts and in law in confirming the disallowance of Rs. 308827.00 made on account of delayed statutory payment of employee contribution of PF as per the provisions of section

Kunwar Pal Sharma, Bulandshahr vs. ITO Ward 2(3)2, Bulandshahar

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

ITA 393/DEL/2023[2017-18]Status: DisposedITAT Delhi09 Aug 2023AY 2017-18

Bench: Shri Chandra Mohan Garg & Dr. B.R.R. Kumarassessment Year: 2017-18 Kunwar Pal Sharma, Ito Ward 2(3)2, Bulandshahr, Up 730, Radha Nagar, Bulandshar, Uttar Pradesh 203001 Vs. Pan Bufps 7337 L (Appellant) (Respondent) For Assessee: None For Revenue : Shri Vivek Vardhan, Sr. Dr Date Of Hearing : 09.08.2023 Date Of Pronouncement : 09.08.2023 Order Per Chandra Mohan Garg, J.M. This Appeal Has Been Filed Against The Order Of Nfac, New Delhi Dated 21.12.2022 For A.Y. 2017-18. 2. When The Appeal Was Called For Hearing Neither The Assessee Nor Any Authorized Representative Appeared Nor Any Adjournment Application Has Been Filed Despite Several Notices. However, Or Perusal Of The Appeal Records & Impugned Order, We Find That The Appeal Can Be Disposed Of Ex-Parte Qua Assessee After Hearing The Arguments Of Ld. Senior Dr. Therefore We Proceed To Adjudicate The Appeal Ex-Parte Qua Assessee. 3. On Being Asked By The Bench The Ld. Senior Dr, In All Fairness, Did Not Controvert The Factual Observations Of The Bench That The Assessing Officer Has Passed Ex-Parte Order U/S. 144 Of The Act & The Ld. Cit(A) Has Also Dismissed Appeal Of Assessee Dismissing The Request Of Assessee To Keep Penalty Proceedings In Abeyance On Account Of Pendency Of First Appeal Of Assessee & The Assessee Was Not Allowed Opportunity Of Being Heard & To Explain His Case Before The Authorities Below. 4. Therefore In View Of Above Factual Position Of The Case We Find It Appropriate To Restore The Matter To The File Of Assessing Officer For A Fresh Adjudication Of Issue Of Imposing Of Penalty For Non Compliance Of Notice After Allowing Due Opportunity Of Hearing To The Assessee & Without Being Influenced With The Earlier Orders.

For Appellant: NoneFor Respondent: Shri Vivek Vardhan, Sr. DR
Section 144

Date of Hearing : 09.08.2023 Date of Pronouncement : 09.08.2023 ORDER PER CHANDRA MOHAN GARG, J.M. This appeal has been filed against the order of NFAC, New Delhi dated 21.12.2022 for A.Y. 2017-18. 2. When the appeal was called for hearing neither the assessee nor any authorized representative appeared

Deputy Commissioner of Income Tax, Circle 1(1), Bilaspur vs. Jindal Power Limited, Raigarh

ITA 49/RPR/2023[2012-13]Status: DisposedITAT Raipur09 Aug 2023AY 2012-13

Bench: Shri Ravish Sood & Shri Arun Khodpiaआयकर अपील सं./Ita Nos.47 To 49/Rpr/2023 निर्धारण वर्ष /Assessment Years: 2010-11 To 2012-13 & Cross-Objection Nos.16 To 18/Rpr/2023 (In Ita Nos.47 To 49/Rpr/2023) निर्धारण वर्ष /Assessment Years: 2010-11 To 2012-13 V. The Dy. Commissioner- M/S.Jindal Power Ltd., Of Income Tax, Tamnar, Raigarh, Circle-1(1), Chhattisgarh. Bilaspur, Chhattisgarh. [Pan: Aabcj 4683 J] (अपीलार्थीर्थी/Appellant) (प्रत्यर्थी/Respondent/ Cross-Objector) Department By : Smt.Ila M. Parmar, Cit-Dr Assessee By : Mr.Salil Kapoor, Adv. & Mr.Vibhu Jain, Adv. सुनवाई ई की तारीखरीख/Date Of Hearing : 08.08.2023 घोषणा की तारीखरीख /Date Of Pronouncement : 09.08.2023

For Appellant: Mr.Salil Kapoor, Adv. &For Respondent: Smt.Ila M. Parmar, CIT-DR
Section 115JSection 143(3)Section 154Section 37(1)

filed by the assessee in ITA No.47/RPR/2023 are as under: 1. On the facts and circumstances of the case whether the ld. CIT(A), NFAC erred in law in deleting the disallowance of CSR expenses of Rs.5,39,76,720/- made by the AO for calculating book profit to arrive ... explanation 2 of Section 37(1) of the Income Tax Act, 1961 2. On the facts and circumstances of the Id. CIT(A), NFAC has erred in law by holding the decision in favour of assessee and against the revenue, though there is no nexus between the conclusion