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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

Ghatkopar Sahajivan Co-Op Housing Society Limited, Mumbai vs. Commissioner of Income Tax(Appeal), Mumbai

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

ITA 825/MUM/2023[2016-2017]Status: DisposedITAT Mumbai24 May 2023AY 2016-2017

Bench: Shri Pavan Kumar Gadale & Ms. Padmavathy Sghatkopar Sahajivan Nfac Co-Op.Housing Society Mumbai-400020. बनाम/ Ltd., Sulsa House Plot Vs. No.26, Nath Pai Nagar, Gahtkopar East, Mumbai-400077. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aacag6938Q (अपीलाथ" /Appellant) (""थ" / Respondent) अपीलाथ" ओर से / Appellant By : None ""थ" की ओर से/Respondent By : Shri Anil Gupta.Dr सुनवाई की तारीख / Date Of Hearing 23/05/2023 घोषणा की तारीख /Date Of Pronouncement 24/05/2023 आदेश / Order Per Pavan Kumar Gadale - Jm: The Assessee Has Filed An Appeal Against The Order Of Commissioner Of Income-Tax (Appeals)-National Faceless Appeal Centre, Delhi [“Ld. Cit(A)”] Passed Under Section 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year (“Ay”) 2016-17. The Assessee Has Raised Following Grounds Of Appeal:- 1. "Cpc/Acit 27(1), Mumbai Has Erred While Making Adhoc Disallowance Of Rs.470220/-In Intimation U/S.143(1) & Also In Rectification U/S.154. 2 Ghatkopar Sahajivan Co-Operative Housing Society Ltd.

For Appellant: NoneFor Respondent: Shri Anil Gupta.DR
Section 143(1)Section 154Section 250

INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH MUMBAI BEFORE SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER & MS. PADMAVATHY S, ACCOUNTANT MEMBER Ghatkopar Sahajivan NFAC Co-op.Housing Society Mumbai-400020. बनाम/ Ltd., Sulsa House Plot Vs. No.26, Nath Pai Nagar, Gahtkopar East, Mumbai-400077. "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AACAG6938Q (अपीलाथ" /Appellant ... above impugned disallowance is made due to faulty computerized processing of Income tax Return without appreciating the entire facts. 3. The Ld. CIT (A), NFAC erred in dismissing appeal without giving adequate opportunity of hearing and submissions. The earlier two notices dated 5/2/21 and 24/6/21 were served during pandemic

Income Tax Office-20(1)(1), Mumbai vs. M/S Crystal Corporation, Mumbai

In the result, the appeal filed by Revenue is dismissed

ITA 823/MUM/2023[2011-12]Status: DisposedITAT Mumbai24 May 2023AY 2011-12

Bench: Shri Pavan Kumar Gadale & Ms. Padmavathy Sito-20(1)(1), M/S. Crystal 110,1St Floor, Piramal Corporation, 4A/4B, बनाम/ Chamber, Ground Floor, Opp. Vs. Lalbaug,Parel, Annex Building, Old Mumbai-400012. Anjirwadi, Mazgaon, Mumbai-400010. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aacfc7226Q (अपीलाथ" /Appellant) (""थ" / Respondent) अपीलाथ" ओर से / Appellant By : Shri.Anil Gupta.Dr ""थ" की ओर से/Respondent By : None. सुनवाई की तारीख / Date Of Hearing 22/05/2023 घोषणा की तारीख /Date Of Pronouncement 24/05/2023 आदेश / Order Per Pavan Kumar Gadale - Jm: The Revenue Has Filed An Appeal Against The Order Of Commissioner Of Income-Tax (Appeals)-National Faceless Appeal Centre, Delhi [“Ld. Cit(A)”] Passed Under Section 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year (“Ay”) 2011-12. The Revenue Has Raised Following Grounds Of Appeal:- 1. "Whether On The Facts & In Circumstances Of The Case & In Law, The Ld. Cit(A) Was Correct In Restricting The Addition Made On Account Of Bogus Purchase To 6% Of Total Bogus Purchases Ignoring The Fact That The Sales

For Appellant: Shri.Anil Gupta.DRFor Respondent: None
Section 133(6)Section 143(1)Section 143(2)Section 143(3)Section 148Section 250

amended vide F.No. 279/Misc. 142/2007-ITJ(Pt) dated 20.08.2018. 6. The appellant prays that the order of the National 6. Faceless Appeal Centre (NFAC), Delhi on the above grounds be reversed and that of the AO be restored. 7. 7. The appellant craves leave to amend or alter any 8. ground

Jps Plastics Private Limited, Meerut vs. DCIT, Circle-1(1)(1), Meerut

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

ITA 3053/DEL/2022[2017-18]Status: DisposedITAT Delhi24 May 2023AY 2017-18

Bench: Shri C.M. Garg & Shri M. Balaganeshassessment Year: 2017-18 Jps Plastics Private Limited, Vs Dcit, C/O M/S Akj & Associates, Circle-1(1)(1), Chartered Accountants, Meerut. 1St Floor, Deep Complex, Begum Bridge Road, Meerut, Uttar Pradesh - 250 001. Pan: Aaacj3433B (Applicant) (Respondent) Assessee By : Shri Arun Jain, Ca Revenue By : Shri Anuj Garg, Sr. Dr Date Of Hearing : 23.05.2023 Date Of Pronouncement : 24.05.2023 Order Per M. Balaganesh, Am: This Appeal In Ita No.3053/Del/2022 For Ay 2017-18 Arises Out Of The Order Of The Commissioner Of Income Tax (Appeals), Nfac, Delhi, [Hereinafter Referred To As ‘Ld. Cit(A)’, In Short] In Din & Order No.Itba/Nfac/S/250/2022-23/1047466981(1) Dated 17.11.2022 Against The Order Of Assessment Passed U/S 143(1) Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 14.03.2019 By The Ld. Assessing Officer, Cpc, Bangalore (Hereinafter Referred To As ‘Ld. Ao’). 2. The Only Issue Raised By The Assessee Before Us Is That Whether The Ld.Cit(A) Was Justified In Deciding The Appeal Without Condoning The Delay In Filing Of The Appeal Before Him By 696 Days & Without Adjudicating The Issue On Merits.

For Appellant: Shri Arun Jain, CAFor Respondent: Shri Anuj Garg, Sr. DR
Section 143(1)Section 143(3)Section 32

BALAGANESH, AM: This appeal in ITA No.3053/Del/2022 for AY 2017-18 arises out of the order of the Commissioner of Income Tax (Appeals), NFAC, Delhi, [hereinafter referred to as ‘ld. CIT(A)’, in short] in DIN & Order No.ITBA/NFAC/S/250/2022-23/1047466981(1) dated 17.11.2022 against the order of assessment passed