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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

M/S Guruji Infrastruture Private Limited, Mumbai vs. ADIT, CPC, Banglore

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

ITA 343/MUM/2023[2020-2021]Status: DisposedITAT Mumbai26 Apr 2023AY 2020-2021

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकर अपील सं/ I.T.A. No.343/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2020-21) M/S. Guruji Infrastructure बिधम/ Adit, Cpc Pvt. Ltd Banglore. Vs. 33, Plot 1088 Suraj Plaza, ‘A’ Wing, Chandulal Park, Station Rd Bhayandar (W), Thane-401101. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaecg3499G (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Ms. Dinkle Hariya Revenue By: Ms. Mahita Nair (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 13/04/2023 घोषणा की तारीख /Date Of Pronouncement: 26/04/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Company Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/(Nfac), Delhi Dated 19.01.2023 For Assessment Year 2020-21. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A)/Nfac Confirming The Action Of The Cpc Passed U/S 143(1) Of The Income Tax Act, 1961 (Hereinafter “The Act”) Disallowing Rs.1,47,39,619/- Claimed Towards Employees Contribution Towards Provident Fund/Esic. 3. Fact In Brief Are That The Assessee Company Had Filed Its Return Of Income On 24.02.2021 Declaring Total Income Of Rs.2,93,38,870/-. & Thereafter, It Received Intimation Dated 23.012.2021 From Cpc, Bangalore U/S 143(1) Of The Act Wherein An Amount Of Rs.1,47,39,619/- Was Disallowed On Account Of Late Deposit Of Employees Contribution Towards Pf/Esic In The Relevant Funds Within

For Appellant: Ms. Dinkle HariyaFor Respondent: Ms. Mahita Nair (Sr. AR)
Section 143(1)Section 36(1)(va)

VARKEY, JM: This is an appeal preferred by the assessee company against the order of the Ld. Commissioner of Income Tax (Appeals)/(NFAC), Delhi dated 19.01.2023 for assessment year 2020-21. 2. The main grievance of the assessee is against the action of the Ld. CIT(A)/NFAC confirming

Ceat Employees Co-Operative Credit Society Ltd, Mumbai vs. NFAC, Mumbai

In the result, the appeal of the assessee is allowed

ITA 159/MUM/2023[2017-18]Status: DisposedITAT Mumbai26 Apr 2023AY 2017-18

Bench: Shri Amarjit Singhceat Employees Co- Vs. Nfac Operative Credit Society Income Tax Officer Ltd., Ground Floor, Cpb Bangalore C/O Ceat Ltd. Bhandup Village Road, Bhandup West Mumbai – 400078 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaaac0547M Appellant .. Respondent Appellant By : Shekhar Patwardhan Respondent By : C.T. Mathews Date Of Hearing 21.03.2023 Date Of Pronouncement 26.04.2023 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assesse Is Directed Against The Order Passed By Nfac, Delhi Dated 21.11.2022 For A.Y. 2017-18. The Assesse Has Raised The Following Grounds Before Us: “1. On The Facts & Circumstances Of The Case & Also In Law The Learned Cit Appeals Has Erred In Confirming The Disallowance Of The Deduction Claimed By The Appellant U/S 80P(2)(A)(I) 80P(2)(D) To The Tune Of Rs.1014680/- Though The Appellant Is Very Much Entitled For The Same 2. The Appellant Craves Leave To Add, Alter, Amend & Modify The Aforesaid Grounds Of Appeal At Or Any Time Before The Hearing As May Be Advised From Time To Time.” 2. The Fact In Brief Is That Assesse Is A Cooperative Society Carrying On The Business Of Giving Credit Facilities To Its Members For The Last Several Years. The Assessee Has Filed Return Of Income Declaring Total

For Appellant: Shekhar PatwardhanFor Respondent: C.T. Mathews
Section 143(1)Section 80PSection 80P(2)(a)

Ceat Employees Co-operative Credit Society Ltd. Vs. NFAC IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI AMARJIT SINGH, ACCOUNTANT MEMBER Ceat Employees Co- Vs. NFAC operative Credit Society Income Tax Officer Ltd., Ground Floor, CPB Bangalore C/o Ceat Ltd. Bhandup Village Road, Bhandup West Mumbai ... आदेश / O R D E R Per Amarjit Singh (AM): The present appeal filed by the assesse is directed against the order passed by NFAC, Delhi dated 21.11.2022 for A.Y. 2017-18. The assesse has raised the following grounds before us: “1. On the facts and circumstances of the case

Spick-N-Span Services, Mum vs. Income Tax Officer, Ward-41(3)(1) Erstwhile Ward-27(3)(3), Mum

In the result, appeals of the assessee are dismissed

ITA 14/MUM/2023[2011-12]Status: DisposedITAT Mumbai26 Apr 2023AY 2011-12

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकरअपीलसं/I.T.A. No.14/Mum/2023 (निर्धारणवर्ा / Assessment Year: 2011-12) & आयकरअपीलसं/I.T.A. No.15/Mum/2023 (निर्धारणवर्ा / Assessment Year: 2018-19) Spick-N-Span Services बिधम/ Income Tax Officer Ward- 41(3)(1) (Erstwhile 409, 4Th Floor, Sej Plaza, Vs. Marve Road Malad (W) Ward- 27(3)(3) Mumbai- 400064 Kautilya Bhavan, Bkc, Mumbai- 400051 स्थधयीलेखधसं./जीआइआरसं./Pan/Gir No. : Aaofs2733G (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Shri Anil Kumar Das. Sr. Ar सुनवाईकीतारीख / Date Of Hearing: 06/03/2023 घोषणाकीतारीख /Date Of Pronouncement: 26/04/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Company Against The Order Of The Ld. Cit(A)/Nfac Dated 16.11.2022 For Ay 2011-12 & Ay 2018-19. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Disallowance Of Rs. 48,19,696/- For The Ay 2011-12 U/S 143(3) Of The Income Tax Act, 1961 (Herein After ‘The Act’) & Rs. 1,48,61,729/- (Ay 2018- 19) U/S 143(1) Of The Act, Both On Account Of Disallowance Of Employees Contribution Of Provident Fund & Esic U/S 36(1) (Va) Of The Act. Since, The Issue

For Appellant: NoneFor Respondent: Shri Anil Kumar Das. Sr. AR
Section 143(1)Section 143(3)Section 147Section 36(1)

IN THE INCOME TAX APPELLATE TRIBUNAL “G” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM AND SHRI OM PRAKASH KANT

DCIT (It)-4(1)(1), Mumbai vs. M/S Reliance Jio Infocomm Ltd, Mumbai

In the result, the appeal of the Revenue stands dismissed

ITA 2866/MUM/2022[2019-20]Status: DisposedITAT Mumbai26 Apr 2023AY 2019-20

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. No.2866/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2019-20) Dcit(It)-4(1)(1) बिधम/ M/S. Reliance Jio Room No. 1712, 17Th Floor, Infocomm Ltd Vs. Air India Building, Nariman 3Rd Floor, Maker Point, Mumbai-400021. Chamber-Iv, 222, Nariman Point, Mumbai- 400021. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabci6363G (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Nimesh Vora/Ms. Moksha Moksha Mehta Revenue By: None सुनवाई की तारीख / Date Of Hearing: 24/02/2023 घोषणा की तारीख /Date Of Pronouncement: 26/04/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Revenue Against The Order Of The Ld. Cit(A)/Nfac, Mumbai Dated 08.09.2022 For The Ay 2019-20. 2. The Grounds Of Appeal Of The Revenue Are As Under: - A. “Whether On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Holding That Tax Was Not Required To Be Deducted At Source On The Payment Made By The Assessee To Reliance Jio Infocomm Uk (Rjiuk) For Availing Bandwidth Services As It Did Not Amount To Income Of The Payee By Way Of Royalty U/S 9(1)(Vi) Of The It Act, 1961 Read With Article 13 Of The India-Uk Dtaa. B. “Whether On The Facts & Circumstances Of The Case & In Law, The Ld, Cit(A) Has Erred In Holding That Tax Was Not Required To Be Deducted At Source On The Payment Made By The Assessee To Reliance Jio Infocomm Uk (Rjiuk) For Availing Bandwidth Services As It Did Not Amount To Income Of The Payee

For Appellant: Shri Nimesh Vora/Ms. MokshaFor Respondent: None
Section 195Section 248Section 9Section 9(1)(vi)

IN THE INCOME TAX APPELLATE TRIBUNAL “I” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM AND SHRI AMARJIT SINGH, AM