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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

Garv Associates, Faridabad vs. ITO Ward-1(3), Faridabad

In the result, the appeal of the assessee is partly allowed

ITA 1267/DEL/2023[2012-13]Status: DisposedITAT Delhi28 Jul 2023AY 2012-13

Bench: Shri Chandra Mohan Garg & Shri Pradip Kumar Kediaassessment Year: 2012-13 M/S. Garv Associates, Ito Ward -1(3), Faridabad B/105, Green Field Colony, Sarai Khawaja, Faridabad, Haryana 121010 Vs. Pan Aajfg 5926 E (Appellant) (Respondent) For Assessee : Shri Dinesh Kumar Aggarwal, Ca Revenue For : Shri Om Prakash, Sr. Dr Date Of Hearing : 08.06.2023 Date Of Pronouncement : 28.07.2023 Order Per Chandra Mohan Garg, J.M. This Appeal Has Been Filed Against The Order Of Ld. Nfac, New Delhi Dated 08.03.2023 For Ay 2012-13. 2. The Ld. Assessee’S Representative Submitted That The Assessee, Except Ground No. 10, Does Not Want To Press Other Grounds Of Appeal Hence, Other Grounds Of Appeal Are Dismissed. Remaining Sole Effective Ground No. 10 Reads As Follows:- 10) The Ld. Cit (A) Has Erred In Interpreting Provision Of Section 68 After Considering Facts & Circumstances Of The Matter In Respect Of Unsecured Loans Of Rs. 40,00,000/-, Raising The Following Questions:- I. Whether, 'First Proviso' Of 'Section 68' Of The Income Tax Act, 1961 Is Squarely Covered Transaction In The Nature Of Unsecured Loans' Or Shall Restricted To Credits On Account Of 'Share Application Money', 'Share Capital', Share Premium Etc.? Ii. Whether, As Per Provisions Of Section 68 Of The Income Tax Act, 1961, The Assessee Has Not Discharged Its Initial Onus To Prove: (1) Identity Of The Creditor Lenders; (2) Credit-Worthiness Of The Creditor Lender; & (3) Genuineness Of The Transaction. By Submitting Following Set Of Documentation:

For Appellant: Shri Dinesh Kumar Aggarwal, CA
Section 68

Date of Hearing : 08.06.2023 Date of Pronouncement : 28.07.2023 ORDER PER CHANDRA MOHAN GARG, J.M. This appeal has been filed against the order of Ld. NFAC, New Delhi dated 08.03.2023 for AY 2012-13. 2. The ld. assessee’s representative submitted that the assessee, except ground no. 10, does not want