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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

Roche Products (India) Pvt Ltd, Mumbai vs. The Asst Comm of Income Tax-1(3)(1), Mumbai

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

ITA 307/MUM/2023[2018-19]Status: DisposedITAT Mumbai30 Jun 2023AY 2018-19

Bench: Shri Aby T. Varkey, Jm & Ms. Padmavathy S, Am आयकर अपील सं/ I.T.A. No.307/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2018-19) Roche Products (India) Pvt. बिधम/ Acit-1(3)(1) Ltd. Room No. 540, 5Th Floor, Vs. 8Th Floor, 146-B, 166A, Unit Aayakar Bhavan, M. K. No.7, 8 & 9, R City Mall Road, Mumbai-400020. Lal Bahadur Shastri Marg, Ghatkopar (West), Mumbai- 400086. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacr2744K (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Shrihari Iyer Revenue By: Smt. Mahita Nair (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 01/06/2023 घोषणा की तारीख /Date Of Pronouncement: 30/06/2023 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 09.12.2022 For Ay 2018-19. 2. At The Outset, The Ld. Ar Of The Assessee Pointed Out That The Adjustment Made By The Cpc U/S 143(1) Of The Income Tax Act, 1961 (Hereinafter “The Act”) Disallowing The Employee’S Contribution Towards Pf/Esic For Belated Deposits Is In Line With The Decision Of The Hon’Ble Supreme Court In The Case Of Checkmate Services Pvt. Ltd. Vs. Cit (448 Itr 518). Therefore, He Does Not Contest The Action Of The Cpc On Principle As Such. However, His Limited Prayer Is That This Lapse (Of Not Depositing The Employee’S Contribution Within The Due- Date) Was Only In Few Months (Refer Chart Infra). According To Assessee, A Careful Perusal Of The Deposit Of Contribution In The Relevant Government Account Of Pf/Esic, It Would Reveal That Assessee Had Been Depositing More Amount I.E. Advance Amount In The Relevant

For Appellant: Shri Shrihari IyerFor Respondent: Smt. Mahita Nair (Sr. AR)
Section 143(1)

assessee is as under: - “The appellant objects to the order dated 9 December 2022 passed by the Hon’ble National Faceless Appeal Centre (NFAC), Dethi [‘ld. CIT(A)’] on the following grounds: 1. The ld. CIT(A) has erred in law and on facts in confirming upholding disallowance

Kalaben Pramod Shah, Mumbai vs. ITO-27(2)(1), Vashi

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

ITA 1104/MUM/2023[2011-12]Status: DisposedITAT Mumbai30 Jun 2023AY 2011-12

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1104/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2011-12) Kalaben Pramod Shah बिधम/ Ito-27(2)(1) 3Rd & 4Th Floor, Vashi G-6, Lal Ashish Bldg, Vs. Garodia Nagar, Ghatkopar Railway Station, Vashi- East, Mumbai-400077. 400703. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aamps4027P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Pankaj Mall Revenue By: Shri Dharmvir D Yadav (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 27/06/2023 घोषणा की तारीख /Date Of Pronouncement: 30/06/2023 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 19.12.2022 For Ay. 2011-12. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Action Of The Ao Passed U/S 144 R.W.S 147 Of The Income Tax Act, 1961 (Hereinafter “The Act’) Wherein The Ao Has Added The Entire Purchase & Sale Consideration On Of Rs.26,52,250/- As Income & Ignored The Contention The Profit From The Transaction Should Be Taxed. 3. Regarding The Cause Of Delay In Filing Of Appeal, The Ld. Ar For Assessee, Brought To My Notice That Assessee Is An Individual Who Is More Than 75 Years Old Lady & Her Husband Was Looking After The Commodity Business & Filing Of Return Of Income Etc. However, During The Re-Assessment Proceedings, Her Husband Had By-Pass

For Appellant: Shri Pankaj MallFor Respondent: Shri Dharmvir D Yadav (Sr. DR)
Section 144

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM आयकर अपील सं/ I.T.A. No.1104/Mum/2023

Protech Exim (India) P Ltd., Mumbai vs. ADIT, CPC, Bangalore

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

ITA 1089/MUM/2023[2019-20]Status: DisposedITAT Mumbai30 Jun 2023AY 2019-20

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1089/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2019-20) Protech Exim (India) Pvt. बिधम/ Acit, Cpc Ltd. Bangaluru. Vs. C/O G. P. Mehta & Co. Cas, 807, Tulsiani Chambers, Nariman Point, Mumbai-400021. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacp3317N (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri G. P. Mehta Revenue By: Shri Dharmvir D Yadav (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 27/06/2023 घोषणा की तारीख /Date Of Pronouncement: 30/06/2023 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 16.03.2023 For Ay. 2019-20. 2. The Ground No. 1 Is General In Nature. 3. The Ground No. 2 Is Against The Action Of The Ld. Cit(A) Confirming The Action Of The Ao Denying Set-Off Of Business Loss Of Rs.38,487/- Against Other Head Of Income For The Same Assessment Year. 4. Brief Facts Are That The Assessee Had Filed Its Return Of Income For Ay 2019-20 On 21.10.2019 Declaring Taxable Income Of Rs.5,83,870/.- The Return Was Processed By Cpc U/S 143(1) Of The Income Tax Act, 1961 (Hereinafter “The Act”) & Assessed The Income Of The Assessee At Rs.15,87,350/- By Making Disallowance Of Rs.10,03,480/- Out Of Which, Ground No. 2 Emanates I.E. Disallowance Of Rs.38,481/- Which Action Of Cpc Has Been Confirmed By Ld.

For Appellant: Shri G. P. MehtaFor Respondent: Shri Dharmvir D Yadav (Sr. DR)
Section 10(34)Section 143(1)Section 71

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM आयकर अपील सं/ I.T.A. No.1089/Mum/2023