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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

ACIT- Circle-4(2)(1), Mumbai vs. First Advantage Private Limited, Mumbai

In the result, the appeal of the revenue is dismissed

ITA 1704/MUM/2023[2018-2019]Status: DisposedITAT Mumbai24 Jul 2023AY 2018-2019

Bench: Shri Amit Shukla & Shri Amarjit Singhacit, Circle 4(2)(1) Vs. First Advantage Private Room No. 640/642, 6Th Limited, First Floor, Floor, Aayakar Bhavan, Interface Building No.7, M.K. Road, Link Road, Malad (West) Mumbai – 40 Mumbai – 400064 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaacq0706E Appellant .. Respondent [ Appellant By : Ms. Zeenia Handa Respondent By : Nitesh Joshi & Sunil Jhunjhunwala Date Of Hearing 19.07.2023 Date Of Pronouncement 24.07.2023 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Revenue Is Directed Against The Order Passed By The Ld. Cit(A) Nfac, Dated 14.03.2023 For A.Y. 2018-19. The Assessee Has Raised The Following Grounds Before Us: “1. Whether On The Facts & Circumstances Of The Case & In Law The Ld. Citia) Erred In Deleting The Disallowance Made Under Section 37(1) Of The Act For An Amount Of Rs.2,01,96,568/- Incurred Towards Software License Expenses By Considering The Same As Revenue Expenditure. 2. Whether On The Facts & Circumstances Of The Case & In Law The Ld. Cit(A) Has Erred In Considering The Expenses Incurred By The Assessee On Software License Fee As Revenue Expenditure Instead Of Capital Expenditure, Without Appreciating The Fact That It Is An "Intangible Asset. The Income-Tax Act Clearly Categorizes The "License" As An Intangible Assets For Claiming Depreciation U/S 32 Which Is Based On The Ordinary Meaning Of The Same."

For Appellant: Ms. Zeenia HandaFor Respondent: Nitesh Joshi &
Section 143(2)Section 32Section 37(1)

Amarjit Singh (AM): This appeal filed by the revenue is directed against the order passed by the ld. CIT(A) NFAC, dated 14.03.2023 for A.Y. 2018-19. The assessee has raised the following grounds before us: “1. Whether on the facts and circumstances of the case

Sanchit Vinod Jain, Mumbai vs. National Faceless Assessment Centre, Delhi

In the result, the appeal of the assessee is allowed

ITA 1287/MUM/2023[2014-2015]Status: DisposedITAT Mumbai24 Jul 2023AY 2014-2015

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No. 1287/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2014-15) Sanchit Vinod Jain बिधम/ National Faceless 601, Shrimad Darshan, Shri Assessment Centre, Delhi. Vs. Rajchandra Mandir Marg, Ghatkopar, Mumbai- 400077. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. Ajlpj4491L (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Akshay Jain/Mahaveer Jain Revenue By: Shri Ram Krishna Kedia (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 05/07/2023 घोषणा की तारीख /Date Of Pronouncement: 24/07/2023 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 21.02.2023 For Ay. 2014-15 Confirming The Action Of The Ao Levying Penalty U/S 271(1)(C) Of The Income Tax Act, 1961 (Hereinafter “The Act”) Of Rs.11,088/-. 2. Brief Facts Regarding Penalty Levied Is That The Assesse Had Filed The Return Of Income Of Rs.11,64,790/-. The Assessment Was Completed U/S 143(3) Of The Act At An Income Of Rs.12,00,671/- After Making An Addition U/S 68 Of The Act To The Tune Of Rs.35,884/-. The Addition Of Rs.35,884/- Was Because During The Course Of Assessment Proceedings, It Was Observed By Ao That Assessee Had Invested In Alleged Penny Stock Scrip Of M/S Sun Asian; & Has Derived Income By Way Of Sale Of The Such Scrip Of M/S Sun Asian Of 2800 Shares For A Total Consideration Of Rs.13,60,884/-.On Being Asked, The Assessee

For Appellant: Shri Akshay Jain/Mahaveer JainFor Respondent: Shri Ram Krishna Kedia (Sr. AR)
Section 10(38)Section 143(3)Section 271(1)(c)Section 68

IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM AND SHRI AMARJIT SINGH, AM