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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

Sanjay Vrajlal Kothari, Mumbai vs. CIT (Appeals), Mumbai

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

ITA 1276/MUM/2023[2006-2007]Status: DisposedITAT Mumbai26 Jul 2023AY 2006-2007

Bench: Shri Aby T Varkey & Shri Amarjit Singhsanjay Vrajlal Kothari Vs. Ito Ward 25(2)(3) B-603, Shroff Apts, Mumbai Sodawala Lane, Borivali (West), Mumbai – 400092 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Agppk5426K Appellant .. Respondent [ Appellant By : Anil Thakrar Respondent By : Suresh D. Gaikwad Date Of Hearing 13.07.2023 Date Of Pronouncement 26.07.2023 आदेश / O R D E R Per Amarjit Singh (Am): The Appeal Filed By The Assesse Is Directed Against The Order Passed By The Ld. Cit(A) Nfac, Dated 15.03.2023 For A.Y. 2006-07. The Assessee Has Raised The Following Grounds Before Us: “1. The Ld Cit (A) Is Erred In Confirming An Amount Of Rs. 81,75,302/- U/S 68 Of The Act. 2. The Ld Cit (A) Is Erred In Confirming The Said Amount Without Appreciating The Fact That Original Addition Made Consisted Of Cash & Cheques Deposits Pertaining To The Period As Well As The Period Earlier To The Assessment Year Which Relates. 3. The Ld Cit (A) Is Also Erred In Confirming The Said Amount Without Considering The Additional Evidence Filed At The Time Of Remand Report Proceedings 4. The Appellant Request To Delete The Addition Confirmed By The Cit (A).

For Appellant: Anil ThakrarFor Respondent: Suresh D. Gaikwad
Section 133(6)Section 143(2)Section 144Section 68

Sanjay Vrajlal Kothari Vs. CIT(Appeals) NFAC IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI ABY T VARKEY, JUDICIAL MEMBER & SHRI AMARJIT SINGH, ACCOUNTANT MEMBER Sanjay Vrajlal Kothari Vs. ITO Ward 25(2)(3) B-603, Shroff Apts, Mumbai Sodawala Lane, Borivali (West), Mumbai – 400092 स्थायी लेखा ... Amarjit Singh (AM): The appeal filed by the assesse is directed against the order passed by the ld. CIT(A) NFAC, dated 15.03.2023 for A.Y. 2006-07. The assessee has raised the following grounds before us: “1. The Ld CIT (A) is erred in confirming an amount

Preeti Pankaj Agarwal, Mumbai vs. Income Tax Officer 21(2)(5), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1145/MUM/2023[2011-2012]Status: DisposedITAT Mumbai26 Jul 2023AY 2011-2012

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1145/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2011-12) Preeti Pankaj Agarwal बिधम/ Ito-21(2)(5) 7A, Pankaj Mansion, 8, Dr. Piramal Chambers, Vs. Annie Besant Road, Worli, Mumbai-400012. Mumbai-400018. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Afxpa4228C (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Hiten Vasant Revenue By: Shri Dharmvir D Yadav (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 28/06/2023 घोषणा की तारीख /Date Of Pronouncement: 26/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Cit(A)/Nfac, Delhi Dated 17.02.2023 For Ay. 2011-12. 2. At The Outset, The Ld. Ar Assails, The Action Of Ld. Cit(A) Confirming The Action Of Ao Making Addition Of Rs. 1,55,500/- & Rs. 7,775/- On Purchase & Sale Of Shares Of M/S Sve Resources Ltd. 3. Brief Facts Are That The Assessee Is An Individual Had Filed Her Original Return Of Income On 28.09.2011 Declaring Total Income Of Rs. Nil For Ay. 2011-12. Later, The Case Of The Assessee Was Reopened By Issuance Of Notice U/S 148 Of The Income Tax Act, 1961 (Hereinafter “The Act”) Dated 30.03.2018 On The Ground That The Assessee Had Transacted In The Penny-Stock Named M/S. Svc Resources Ltd. & Ao After Re-Opening The Assessment, Heard The Assessee & Not Satisfied With The Replies Of Assessee Made An Addition Of Rs.1,55,500/-

For Appellant: Shri Hiten VasantFor Respondent: Shri Dharmvir D Yadav (Sr. DR)
Section 148Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM आयकर अपील सं/ I.T.A. No.1145/Mum/2023

Mahendrakumar Gulraj Jain, Mumbai vs. ITO-19(2)(3), Mumbai

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

ITA 1120/MUM/2023[2010-11]Status: DisposedITAT Mumbai26 Jul 2023AY 2010-11

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1120/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2010-11) Mahendrakumar Gulraj Jain बिधम/ Ito-19(2)(3) Room No. 203, 2Nd Floor, C/O D. C. Bothra & Co. Vs. Llp (Formerly Known As Matru Mandir, Tardeo D.C. Bothra & Co.) 297, Road, Mumbai-400007. Tardeo Road, Wille Mansion, 1St Floor, Opp. Bank Of India, Nana Chowk, Mumbai-400007. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aadpj2988D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Rajkumar Singh Revenue By: Shri Dharmvir D Yadav (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 27/06/2023 घोषणा की तारीख /Date Of Pronouncement: 26/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Cit(A)/Nfac, Delhi Dated 24.03.2023 For Ay. 2010-11. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Action Of The Ao In Disallowing 12.50% Of Purchases Amounting Of Rs.2,16,63,455/- Made From Two (2) Dealers (M/S. Anand Deep Metal & M/S. Viraj Steel & Alloys). 3. Brief Facts As Noted By The Ao Is That The Assessee Had Filed Its Original Return Of Income On 15.09.2010 For Ay. 2010-11 Declaring Total Income Of Rs.7,39,169/-. & The Case Was Reopened U/S 147 Of The Income Tax Act, 1961 (Hereinafter “The Act”) By Issuing Notice U/S 148 Of The Act Dated 23.03.2016. The Ao Noted That He Received An Information From The Dgit(Inv.), Mumbai From Which He Understood

For Appellant: Shri Rajkumar SinghFor Respondent: Shri Dharmvir D Yadav (Sr. DR)
Section 145Section 147Section 148Section 44A

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM आयकर अपील सं/ I.T.A. No.1120/Mum/2023

Deepak Srichand Bathija, Mumbai vs. National Faceless Appeal Centre, Delhi

In the result, the appeal of the assessee is allowed

ITA 2104/MUM/2022[2014-15]Status: DisposedITAT Mumbai26 Jul 2023AY 2014-15

Bench: Shri Br. Baskaran & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.2104/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2014-15) Deepak Srichand Bathija बिधम/ Nfac, Delhi 5-B, Elegant Apartment, 3 Room No. 356, Cr Vs. Sobhani Road, Colaba, Building, New Delhi. Mumbai-400005. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaapb6001A (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri H. S. Raheja Revenue By: Shri P. D. Chogule (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 26/05/2023 घोषणा की तारीख /Date Of Pronouncement: 26/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 05.07.2022 For The Assessment Year 2014-15. 2. Brief Facts Are That The Assessee Had Filed Return Of Income Of Ay. 2014-15 On 30.07.2014 Declaring Total Income Of Rs.42,24,780/-. Thereafter, The Case Of The Assessee Was Taken Up For Scrutiny By Issuing Notice U/S 143(2) Of The Income Tax Act, 1961 (Hereinafter “The Act”) On 18.09.2015. The Ao During Assessment Proceedings Noted That Assessee Is Involved In The Business Of Finance & Brokerage & Derives Income From Business, Long Term Capital Gain (Ltcg) & Other Sources. The Ao Noted That Assessee Has Earned Ltcg Of Rs.32,09,789/- From Sale Of Shares & Payment Was Received From His Share Broker. & Out Of This Rs.19,23,000/- Was Earned As Ltcg From Sale Of Shares Between 12.11.2013 To 16.12.2013 Of M/S. Kailash Auto

For Appellant: Shri H. S. RahejaFor Respondent: Shri P. D. Chogule (Sr. AR)
Section 143(2)

SHRI BR. BASKARAN AND SHRI ABY T. VARKEY, JM आयकर अपील सं/ I.T.A. No.2104/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2014-15) Deepak Srichand Bathija बिधम/ NFAC, Delhi 5-B, Elegant Apartment, 3 Room No. 356, CR Vs. Sobhani Road, Colaba, Building, New Delhi. Mumbai-400005. स्थधयी लेखध सं./जीआइआर सं./PAN/GIR