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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

Hitesh Ramnikalal Metha, Mumbai vs. Income Tax Office, 19(1)(5), Mumbai

In the result, all the appeals of the assessee is allowed for statistical purposes

ITA 65/MUM/2023[2013-14]Status: DisposedITAT Mumbai25 May 2023AY 2013-14

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.65/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2013-14) Hitesh Ramniklal Mehta बिधम/ Ito-19(1)(5) 2, Keshav Niwas, 20 Matru Mandir, Room No. Vs. Nepean Sea Road, Mumbai- 215, Tardeo Mumbai- 400026. 400007. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaupm8724H (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Hitesh Mehta (Assessee In Person) Revenue By: Shri Anil Gupta सुनवाई की तारीख / Date Of Hearing: 31/03/2023 घोषणा की तारीख /Date Of Pronouncement: 25/05/2023 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 11.11.2022 For Ay. 2013-14. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Action Of The Ao Disallowing Provision Of Rs.13,63,255/- Viz, Commission Payable On Sale Of Rs.3,43,20,981/- (Shown As Outstanding Commission) Which Has Been Added In This Year; & In The Alterative, Since The Deduction Claimed Of Rs.13,63,255/- Didn’T Materialize, Assessee Has Written Off The Same, The Ibid Commission Was Offered To Tax In The Year Ay. 2015-16 As Income In P & L Account, So Pleads Deletion Of Addition. 3. Brief Facts Are That The Assessee Is Engaged In The Business Of Importing Scrap Metal From Foreign Country (Usa Etc.) & Selling The Same In India. The Ao Noted That The Assessee Had Claimed Expenditure

For Appellant: Shri Hitesh Mehta (Assessee in person)For Respondent: Shri Anil Gupta

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM आयकर अपील सं/ I.T.A. No.65/Mum/2023

Mukesh Vinodkumar Singh, Mumbai vs. Income Tax Officer 2(5). Thane, Mumbai

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

ITA 38/MUM/2023[2009-2010]Status: DisposedITAT Mumbai25 May 2023AY 2009-2010

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.38/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2009-10) Mukesh Vinodkumar Singh बिधम/ Ito-2(5), Thane Gala No. 5 Saisneha Cit/Nfac. Vs. Industrial Estate Near Ekvira Gas Godown Bhayander (E), Mumbai- 401105. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Bmpps6780N (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri D. C. Saboo & Shyam Saboo Revenue By: Shri Anil Gupta सुनवाई की तारीख / Date Of Hearing: 02/03/2023 घोषणा की तारीख /Date Of Pronouncement: 25/05/2023 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 29.11.2022 For Ay. 2009-10. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Action Of The Ao By Making Addition Of 100% Alleged Bogus Purchases While Accepting The Sales Shown By The Assessee. 3. Brief Facts As Noted By The Ao Is That The Assessee Had Filed Roi Declaring Total Income At Rs.3,99,174/- On 29.09.2009 For Ay. 2009-10 Which Was Processed U/S 143(1) Of The Income Tax Act, 1961 (Hereinafter “The Act”). Later, The Ao Received An Information From The Maharashtra Sales Tax Department, Mumbai That Certain Persons Were Providing Accommodation Entries/Bills To Facilitate Beneficiaries Like Assessee To Book Bogus Purchases In The Books Without Actual

For Appellant: Shri D. C. Saboo & Shyam SabooFor Respondent: Shri Anil Gupta
Section 133(6)Section 143(1)Section 147

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM आयकर अपील सं/ I.T.A. No.38/Mum/2023