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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

Assyst International Pvt Ltd, Kochi vs. DCIT Corporate Circle1(1), Kochi

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

ITA 898/COCH/2022[2019-20]Status: DisposedITAT Cochin08 Mar 2023AY 2019-20

Bench: Shri George George K. & Ms. Padmavathy S.M/S. Assyst International Pvt. Ltd. Vs Dcit, Corporate Circle -1(1) Kochi Ii/138-D, Nh -47, Muttam Thaikkattukkara P.O. Kochi 683106 Pan – Aadca0592R (Appellant) (Respondent) Assessee By: Ms. K.Parvathy Ammal, Ca Revenue By: Smt. J.M. Jamuna Devi, Sr. Dr Date Of Hearing: 02.03.2023 Date Of Pronouncement: 08 .03.2023 O R D E R Per: George George K., J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The Cit(A)/Nfac, Delhi Dated 18.05.2022 Passed Under Section 250 Of The Income Tax Act, 1961 (The Act). The Relevant Assessment Year Is 2019-20. 2. There Is Delay Of ‘64’ Days In Filing This Appeal. The Assessee Has Filed A Petition For Condonation Of Delay & Also An Affidavit Of Cfo Of The Assessee Company Stating, Therein, The Reasons For Belated Filing Of This Appeal. On Perusal Of Reason Stating For Affidavit For Late Filing Of This Appeal, We Are View That There Is ‘Sufficient Cause’ & No Latches Can Be Attributable To The Assessee. Hence, We Condon Delay Of ‘64’ Days In Filing This Appeal & Proceed To Dispose Of The Same On Merits.

For Appellant: Ms. K.Parvathy Ammal, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. DR
Section 143(1)Section 250Section 36(1)(va)

Court on 08th March, 2023. (Padmavathy S.) Judicial Member Cochin, Dated: 08th March, 2023 Copy to: 1. The Appellant 2. The Respondent 3. The NFAC, Delhi 4. The DR, ITAT, Cochin 5. Guard File By Order

Rafeek, Kerala vs. The Income Tax Officer, Ward-3, Alappuzha

In the result, the appeal filed by the assesee is allowed for statistical purposes and the Stay Application is dismissed

ITA 861/COCH/2022[2017-18]Status: DisposedITAT Cochin08 Mar 2023AY 2017-18

Bench: Shri George George K. & Ms. Padmavathy S. & Sa.No.58/Coch/2022 (Arising Out Of Ita No.861/Coch/2022) (Assessment Year: 2017-18) Rafeek Vs Ito, Ward-3 Kochukaleeckal A.N.Puram Krishnapuram Alappuzha Kappilmekku Kerala-688 011 Alappuzha-690 533 Pan – Akjpr2342F (Appellant) (Respondent) Assessee By: Sri Suresh Varma, Ca Revenue By: Smt. J.M. Jamuna Devi, Sr. Ar Date Of Hearing: 02.03.2023 Date Of Pronouncement: 08 .03.2023 O R D E R Per: George George K., J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Order Of The Cit(A)/Nfac, Delhi Dated 13.09.2021. The Relevant Assessment Year Is 2017-18. The Assessee Also Filed A Stay Application Seeking To Stay The Recovery Of Outstanding Tax Arrears.

For Appellant: Sri Suresh Varma, CAFor Respondent: Smt. J.M. Jamuna Devi, Sr. AR
Section 115BSection 143(3)Section 250Section 44ASection 68Section 69

merits. 3. The grounds raised read as follows:- 1. The grounds u/s. 250 of the Commissioner of Income Tax (Appeals), National Faceless Appeals Centre (NFAC), Delhi vide DIN ITBA/NFAC/S/250/2021- 22/1035496469(1)] dated 13.09.2021 for AY 2017-18 is opposed to law, facts and circumstances of the case. 2. The Commissioner ... Court on 08th March, 2023. (Padmavathy S.) Judicial Member Bengaluru, Dated: 08th March, 2023 Copy to: 1. The Appellant 2. The Respondent 3. The NFAC, Delhi 4. The DR, ITAT, Cochin 5. Guard File By Order