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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

Shri Bhavesh Bhuva, Surat vs. Income Tax Officer, Ward - 3(3)(1), Surat

In the result, ground No. 2(i) of the appeal is allowed

ITA 235/SRT/2022[2012-13]Status: DisposedITAT Surat29 May 2023AY 2012-13

Bench: Shri Pawan Singhआ.अ.सं./Ita No.235/Srt/2022 (Ay 2012-13) (Hearing In Physical Court) Bhavesh Bhuva Income Tax Officer, C-51, Khodiyar Nagar Ward-3(3)(1), Surat, Income Vs Society, Nr. Chikoo Tax Office, Aaykar Bhavan, Wadi, Nana Varachha, Anavil Business Centre, Surat-395006 Hazira Road, Adajan, Pan No: Antpb 8989 P Surat-395007 अपीलाथ"/Appellant ""यथ" /Respondent "नधा"रती क" ओर से /Assessee By Ms. Chaitali Shah, Ca राज"व क" ओर से /Revenue By Shri Vinod Kumar, Sr-Dr सुनवाई की तारीख/Date Of Hearing 25.05.2023 उ"घोषणा क" तार"ख/Date Of 29.05.2023 Pronouncement Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of National Faceless Appeal Centre, Delhi [For Short To As “Nfac/Ld. Cit(A)”] Dated 10.06.2022 For Assessment Year 2012-13, Which In Turn Arises From The Addition Made By The Income Tax Officer, Ward-3(3)(1), Surat / Assessing Officer In Assessment Order Passed Under Section 143(3) R.W.S.147 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 26.11.2019. The Assessee Has Raised The Following Grounds Of Appeal:- Bhavesh Bhuva “1. On The Facts & Circumstances Of The Case, The Learned Cit(A), Nfac Has Grossly Erred In Passing The Impugned Appellate Order On An Ex-Parte Basis, By Erroneously Holding That The Appellant Is Not Interested In Pursuing The Appeal, When The Fact Is That The Appellant Has Made Detailed Submissions In Form No.35 Itself, Which Ought To Have Been Considered By The Learned Cit(A), Nfac While Passing The Impugned Order. Therefore, The Appellate Order Of The Learned Cit(A), Nfac Being Passed On An Ex-Parte Basis, Needs To Be Quashed As Being Erroneous, Illegal & Bad-In-Law.

Section 133(6)Section 143(3)Section 144Section 147Section 148Section 254(1)Section 69

assessee has raised the following grounds of appeal:- Bhavesh Bhuva “1. On the facts and circumstances of the case, the learned CIT(A), NFAC has grossly erred in passing the impugned appellate order on an ex-parte basis, by erroneously holding that the appellant is not interested in pursuing ... fact is that the appellant has made detailed submissions in Form No.35 itself, which ought to have been considered by the learned CIT(A), NFAC while passing the impugned order. Therefore, the appellate order of the learned CIT(A), NFAC being passed on an ex-parte basis, needs