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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

Aiswarya Granites, Kollam vs. ITO Ward 1 & Tps, Kollam

In the result, the appeal filed by the assessee stands partly allowed

ITA 622/COCH/2022[2018-2019]Status: DisposedITAT Cochin30 Mar 2023AY 2018-2019

Bench: Smt. Beena Pillai & Smt. Padmavathy S.Assessment Year: 2018-19 M/S. Aiswarya Granites, Egpvii/70, The Assistant Arkannor, Commissioner Of Elavummoodu, Vs. Income Tax, Kollam 691 533. National E- Assessment Centre, Pan No : Aapfa5874K Delhi. Appellant Respondent Appellant By : Shri G. Surendranath Rao, A.R. Respondent By : Smt. J.M. Jamuna Devi, Sr. Dr Date Of Hearing : 11.01.2023 Date Of Pronouncement : 30.03.2023 O R D E R Per Beena Pillai: The Preset Appeal Is Filed By The Assessee Against Order Dated 25.3.2022 Passed By Nfac Delhi For Assessment Year 2018-19 On Following Grounds: 1. The Order Of The Commissioner (Appeals) Of National Faceless Appeal Centre (Nfac) Is Against-Facts & Law. 2. The Commissioner Of Income Tax (Appeals), Nfac, Is Not Justified In Disallowing The Payment Of Commercial Tax. The Commissioner (Appeals) Should Have Appreciated That The Amount Paid Was A Statutory Levy Payable By All Crushers Installed In Stone Quarries Based On Their Installed Capacity. The Levy Was To Be Remitted On Quarterly Basis. The Commissioner (Appeals) Nfac Has Erred In Concluding That The Amount Paid Is In The Nature Of A Compounding Fee For Any Offence Or Towards Aiswarya Granites, Kollam

For Appellant: Shri G. Surendranath Rao, A.RFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 37Section 37(1)

BEENA PILLAI, JUDICIAL MEMBER: The preset appeal is filed by the assessee against order dated 25.3.2022 passed by NFAC Delhi for assessment year 2018-19 on following grounds: 1. The Order of the Commissioner (Appeals) of National Faceless Appeal Centre (NFAC) is against-facts and law. 2. The Commissioner ... Income Tax (Appeals), NFAC, is not justified in disallowing the payment of commercial tax. The Commissioner (Appeals) should have appreciated that the amount paid was a statutory levy payable by all crushers installed in stone quarries based on their installed capacity. The levy was to be remitted on quarterly basis

The Malappuram District Cooperative Bank Limited, Malappuram vs. ITO, Circle-1, Tirur

In the result, the appeal filed by the assessee stands dismissed

ITA 577/COCH/2022[2018-2019]Status: DisposedITAT Cochin30 Mar 2023AY 2018-2019

Bench: Smt. Beena Pillai & Smt. Padmavathy S.Assessment Year: 2018-19 The Malappuram District Co- Operative Bank Limited Head Office The Malappuram District Cooperative Bank Deputy Commissioner Malappuram Of Income-Tax Vs. Uphill Cpc Malappuram Bangalore Kerala 676 505 Pan No : Aaaat3207B Appellant Respondent Appellant By : Shri Hameed Hussain, A.R. Respondent By : Smt. J.M. Jamuna Devi, Sr. D.R. Date Of Hearing : 11.01.2023 Date Of Pronouncement : 30.03.2023 O R D E R Per Beena Pillai: The Present Appeal Is Filed By The Assessee Against Order Passed By Nfac Delhi Dated 9.11.2021 For Assessment Year 2018-19 On Following Grounds Of Appeal:- 1. “The Order Of The Commissioner Of Income Tax (Appeals) Is Opposed To Law & The Facts & Circumstances Of The Case. 2. The Commissioner Of Income Tax (Appeals) Has Grossly Erred Both In Law & On Facts In Adding The Pf Contribution Amounting To Rs. 59,24,494/- By Virtue 36(1)(Va) Of.The Income Tax Act. This Will Be Covered The Malappuram District Co-Operative Bank Limited, Malappuram

For Appellant: Shri Hameed Hussain, A.RFor Respondent: Smt. J.M. Jamuna Devi, Sr. D.R
Section 143(1)Section 2Section 30Section 36Section 36(1)(va)Section 43B

Pronouncement : 30.03.2023 O R D E R PER BEENA PILLAI, JUDICIAL MEMBER: The present appeal is filed by the assessee against order passed by NFAC Delhi dated 9.11.2021 for assessment year 2018-19 on following grounds of appeal:- 1. “The order of the Commissioner of Income Tax (Appeals) is opposed

Thakordas Parekh & Sons, Na vs. Arivs.Income Tax Officer, Ward-5, Navsari

In the result, ground No. 2 & 3

ITA 167/SRT/2022[2017-18]Status: DisposedITAT Surat30 Mar 2023AY 2017-18

Bench: Shri Pawan Singhआ.अ.सं./Ita No.167/Srt/2022 (Ay 2017-18) (Hearing In Physical Court) Thakordas Parekh & Sons Income Tax Officer, Ward-5, Bazar Street, Chikhli, Navsari, 204, 2Nd Floor, Vs Navsari-396530 Income Tax Office, Pan No: Aabft 4593 J Charpool, Awabaug, Navsari-396445 अपीलाथ"/Appellant ""यथ" /Respondent "नधा"रती क" ओर से /Assessee By Shri Rasesh Shah, C.A राज"व क" ओर से /Revenue By Shri Vinod Kumar, Sr-Dr सुनवाई की तारीख/Date Of Hearing 05.01.2023 उ"घोषणा क" तार"ख/Date Of 30.03.2023 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 23.03.2022 For Assessment Year 2017-18, Which In Turn Arises From The Addition Made By The Income Tax Officer, Ward-5, Navsari / Assessing Officer In Assessment Order Passed Under Section 144 R.W.S143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 30.12.2019. The Assessee Has Raised The Following Grounds Of Appeal:- “1. On The Facts & In The Circumstances Of The Case As Well As Law On The Subject, The Learned Cit(A) Has Erred In Confirming The Action Thakordas Parekh & Sons Of Assessing Officer In Rejecting The Books Of Accounts U/S 145(3) Of The Act.

Section 115BSection 144Section 145(3)Section 254(1)Section 68

आयकर अपील"य अ"धकरण, सुरत "यायपीठ, सुरत IN THE INCOME TAX APPELLATE TRIBUNAL, SURAT “SMC” BENCH, SURAT BEFORE SHRI

ACIT-Circle-3(1), Gurgaon vs. Teradata India Private Limited, Gurgaon

In the result, the appeals in ITA No

ITA 1431/DEL/2022[2019-20]Status: DisposedITAT Delhi29 Mar 2023AY 2019-20

Bench: Sh. Anil Chaturvedi & Sh. Yogesh Kumar Usasstt. Commissioner Of Vs. M/S. Teradata India Pvt. Income Tax, Circle – 3(1), Ltd., 301-302, Tower 4A, Gurugram S-Block Dlf Corporate Park, Dlf City Phase-Iii, Pan No. Aacct 6715 A Gurugram – 122 002 (Appellant) (Respondent) Assessee By Shri Akshay Uppal, Adv. Revenue By Ms. Sangeeta Yadav, Sr. D.R. Date Of Hearing: 29.03.2023 Date Of Pronouncement: 29.03.2023 Order Per Anil Chaturvedi, Am: This Appeal Filed By The Revenue Is Directed Against The Order Dated 12.05.2022 Passed By The Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi Relating To Assessment Year 2019-20. 2. Brief Facts Of The Case As Culled Out From The Material On Record Are As Under :- Acit Vs. Teradata India Pvt Ltd. 2 3. Assessee Is A Company Who Had Filed Its Return Of Income On 27.11.2020 For A.Y. 2019-20 Declaring Total Income Of Rs.61,82,86,370 /-. In The Intimation Issued U/S 143(1) Of The Act By Cpc, Bangalore Vide Identification No. Cpc/1920/A6/2014289684 Dated 18.03.2021, The Total Income Was Determined At Rs. 66,49,98,020/- Inter Alia By Disallowing Rs.4,67,11,644/- U/S 36(1)(Va) On Account Of Delayed Deposit Of Employees Contribution Of Pf/Esi.

Section 139(1)Section 143(1)Section 2(24)(x)Section 36(1)(v)Section 36(1)(va)

appeal filed by the Revenue is directed against the order dated 12.05.2022 passed by the Commissioner of Income Tax (Appeals)-National Faceless Appeal Centre (NFAC), Delhi relating to Assessment Year 2019-20. 2. Brief facts of the case as culled out from the material on record are as under :- ACIT