← All Phrases

“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

Principle Security and Allied Services Private Limited, Mumbai vs. Circle 13(1)(2), Mumbai

In the result, the appeal of the assesse is allowed for statistical purpose

ITA 280/MUM/2023[2018-19]Status: DisposedITAT Mumbai21 Apr 2023AY 2018-19

Bench: Shri Vikas Awasthy & Shri Amarjit Singhprinciple Security & Vs. Circle 13(1)(2) Allied Services Private Aayakar Bhavan, Ground Limited, 707 Hubtown Floor, M.K. Road, Viva Shankar Wadi, New Marine Lines Western Express Mumbai – 400 020 Highway, Jogeshwari (East) Mumbai – 400060 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aafcp2691A Appellant .. Respondent Appellant By : Rahul K. Hakani Respondent By : V.S. Mahajan Date Of Hearing 18.04.2023 Date Of Pronouncement 21.04.2023 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 29.12.2022 For A.Y. 2018-19. The Assesse Has Raised The Following Grounds Before Us: “1. The Ld. Cit(A) Erred In Not Appreciating The Fact That The Intimation Issued By The Id Ao Cpc Bangalore W'S 143(1) Of The Income Tax Act, 1961 Is Erroneous / Without Jurisdiction Since Additions On Issues Where Two Views Are Possible Cannot Be Made. 2. The Ld. Cit(A) Erred In Confirming Addition Of Rs.1,59,10,546/- U/S 36(1)(Va) Of The Act Without Appreciating The Fact That The Employees Contribution To Pf & Esic Was Deposited Before The Due Date Of Filing Of Return. 3. The Appellant Prays That The Adjustment Made In The Intimation Order U/S143(1) Of The Act May Be Deleted.

For Appellant: Rahul K. HakaniFor Respondent: V.S. Mahajan
Section 143(1)Section 36(1)(va)

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 29.12.2022 for A.Y. 2018-19. The assesse has raised the following grounds before us: “1. The ld. CIT(A) erred in not appreciating

DCIT-15(3)(2), Mumbai vs. M/S. Strides Pharma Science Ltd., Mumbai

In the result, the appeal of the revenue is dismissed

ITA 136/MUM/2023[2011-12]Status: DisposedITAT Mumbai21 Apr 2023AY 2011-12

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकरअपीलसं/I.T.A. No.136/Mum/2023 (निर्धारणवर्ा / Assessment Year: 2011-12) Dcit-15(3)(2) बिधम/ M/S Strides Pharma Science Room No. 480, 4Th Floor, Ltd. Vs. Aayakar Bhavan, M.K. Road 201, Devavrata, Sector -17, Mumbai- 400020 Vashi, Navi Mumbai- 400703 स्थधयीलेखधसं./जीआइआरसं./Pan/Gir No. : Aadcs8104P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri. Nishit Gandhi Revenue By: Shri. I Krishna Kumar, (Sr. Ar) सुनवाईकीतारीख / Date Of Hearing: 16/03/2023 घोषणाकीतारीख /Date Of Pronouncement: 21/04/2023 आदेश/Order Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Revenue Against The Order Of The Ld. Cit(A)/Nfac Dated 21.11.2022 For Ay 2011-12. 2. At The Outset It Is Noted That This Is A Department Appeal Challenging The Action Of The Ld. Cit(A) To Have Deleted The Penalty Levied U/S 271 (1) (C) Of The Income Tax Act, 1961 (Herein After ‘The Act’) Based On The Fact That The Quantum Assessment Made By The Ao Have Been Deleted By Tribunal Vide Order Dated 29.04.2022 In Ita No. 1450/Mum/2021. 3. We Have Gone Through The Order Passed By The Tribunal In The Assessee’S Own Case (Quantum Appeal) For Ay 2011-12 Wherein The Tribunal Was Pleased To Quash The Reassessment Order, Wherein Ao Had Made Quantum Addition Of Rs.

For Appellant: Shri. Nishit GandhiFor Respondent: Shri. I Krishna Kumar, (Sr. AR)
Section 271

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