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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

Rashtriya Chemicals and Fertilisers Employees Co-Op Credit Society, Mumbai vs. ITO, Ward-27(3)(1), Mumbai

In the result, the appeal of the assessee is allowed

ITA 765/MUM/2023[2012-13]Status: DisposedITAT Mumbai30 May 2023AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Shri Prashant Maharishi, Am आयकर अपील सं/ I.T.A. No.765/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2012-13) Rashtriya Chemicals & बिधम/ The Ito, Ward-27(3)(1) Fertilisers Employees’ Co- Room No. 442, 4Th Floor, Vs. Op. Credit Society Tower No. 6, Vashi Type-1A/21 481/484, Railway Station Chembur, Mumbai-400074. Commercial Complex, Vashi, Navi Mumbai- 4000703. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaaar1076N (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Mayank Thosar Revenue By: Shri P. D. Chougule (Addl. Cit) सुनवाई की तारीख / Date Of Hearing: 24/05/2023 घोषणा की तारीख /Date Of Pronouncement: 30/05/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Rashtriya Chemicals & Fertilisers Employees Co-Operative Credit Society Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 12.01.2023 For The Assessment Year 2012-13. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) In Confirming The Action Of The Ao In Not Allowing The Deduction Claimed By The Assessee U/S 80P Of The Income Tax Act, 1961 (Hereinafter “The Act”) To The Tune Of Rs.99,59,604/-. 3. Brief Facts Of The Case Are That The Assessee Is A Credit Co- Operative Society Providing Credit Facilities To Its Members. The Assessee Filed Its Return Of Income On 27.09.2012 Declaring Total Income Of Rs.Nil. Later, The Case Of The Assessee Was Selected For Scrutiny Under Cass. & The Ao Noted That The Assessee Is A Co-

For Appellant: Shri Mayank ThosarFor Respondent: Shri P. D. Chougule (Addl. CIT)
Section 80PSection 80P(2)(a)Section 80P(4)

IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM AND SHRI PRASHANT MAHARISHI, AM

Sagarkumar Ishwarbhai Bhavani, Mumbai vs. ITO, Ward-32(3)(3), Mumbai

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

ITA 75/MUM/2023[2016-17]Status: DisposedITAT Mumbai30 May 2023AY 2016-17

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.75/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2016-17) Sagarkumar Ishwarbhai बिधम/ Ito, Ward-32(3)(3) Bhavani Room No. 105, C-Wing, Vs. 1St Floor, Kautilya D-103 D-103, Amozan Park Ii Devki Nagar Link Road, Bhavan, Bkc, Bandra Borivali-West-400103. (E), Mumbai-400051. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Agupb5616P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Rakesh Joshi (Amicus Curiae) Revenue By: Shri Anil Gupta सुनवाई की तारीख / Date Of Hearing: 02/03/2023 घोषणा की तारीख /Date Of Pronouncement: 30/05/2023 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 16.12.2022 For Ay. 2016-17. 2. Grounds Raised By Assessee Are As Under: - “1. In The Facts & Circumstances Of The Case & In Law, The Ld. Ao Erred In Wrongly Holding That Service Tax Is Liable To Be Included In The Turnover For The Purpose Of Tax Audit Which Is Against The Definition Of Turnover As Per Institute Of Chartered Accountants Of India Guidelines. Without Prejudice To The Above 2. In The Facts & Circumstances Of The Case & In Law, The Ld. Ao Erred In Adding An Amount Of Rs.8,31,631/- By Adopting Arbitrary Rate Of Net Profit @ 15% While Computing Income As Per Normal Provisions Of The Act & Wrongly Holding That The Appellant Is Outside The Purview Of Section 44Ad & The Cit(A) Erred In Partly Confirming The Same.

For Appellant: Shri Rakesh Joshi (Amicus Curiae)For Respondent: Shri Anil Gupta
Section 234ASection 274Section 28Section 30Section 44A

bIN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM आयकर अपील सं/ I.T.A. No.75/Mum/2023