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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

Shashikala Gupta, Hyderabad vs. ITO Ward-10(1), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 222/HYD/2022[2017-18]Status: DisposedITAT Hyderabad19 Dec 2022AY 2017-18

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2017-18 Smt. Shashikala Gupta Vs. Income Tax Officer Hyderabad Ward 10(1) Pan:Aaspg1838N Hyderabad (Appellant) (Respondent) Assessee By: Shri Darshan Jakharia, Ca Revenue By: Shri Rajendra Kumar, Cit(Dr) Date Of Hearing: 14/12/2022 Date Of Pronouncement: 19/12/2022 Order Per R.K. Panda, A.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 29.3.2022 Of The Learned Pr.Cit-1, Hyderabad, Relating To A.Y.2017-18. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual & Filed Her Return Of Income On 26.07.2017 For A.Y 2017-18 Admitting Income From House Property & Other Sources At Rs.3,66,720/-. The Case Was Selected For Scrutiny Under Cass & Issues On Which The Selection Was Made Was “Large Value Cash Deposited During Demonetization Period As Compared To Returned Income”. Notice U/S 143(2) Of The Act Dated 9.8.2018 Was Issued & Served Electronically On The Assessee As Well As Page 1 Of 15

For Appellant: Shri Darshan Jakharia, CAFor Respondent: Shri Rajendra Kumar, CIT(DR)
Section 142(1)Section 143(2)Section 143(3)Section 263

Road, Secunderabad 2 Income Tax Officer Ward 10(1) Room No.516, Block 5th Floor, IT Tower, AC Guards, Masab Tank, Hyderabad 3 CIT (A)-NFAC Delhi 4 Pr. CIT-1, Hyderabad 5 DR, ITAT Hyderabad Benches 6 Guard File By Order Page

Dy Commissioner of Income Tax (E)-1 (1), Mumbai-400026 vs. M/S Guru Nanak Vidyak Society, Mumbai-400037

In the result, appeal filed by the Revenue is dismissed

ITA 1265/MUM/2022[2016-17]Status: DisposedITAT Mumbai19 Dec 2022AY 2016-17

Bench: Shri Kuldip Singh & Shri Gagan Goyaldy.Cit (Exemption)-1(1), 6Th Floor, Mtnl Building, Cumballa Hill Dr. Gd Deshmukh Marg, (Padder Road), Mumbai- 400026. ...... Appellant Vs. M/S Guru Nanak Vidyak Society, Ground Floor, Guru Tesh Bahadur Nagar, Sion Koliwada, Sion Koliwada, Mumbai-400037. Pan: Aaatg2095D ..... Respondent Appellant/Revenue By : Sh. Satyapal Kumar, Cit-Dr Respondent/Assessee By : Sh. Priyank Ghia & Kanu Chokshi, Ar Date Of Hearing : 22/09/2022 Date Of Pronouncement : 19/12/2022 Order Per Gagan Goyal, A.M: This Appeal By Revenue Is Directed Against The Order Of National Faceless Appeal Centre, Delhi [For Short ‘Nfac’] Passed Under Section 250 Of The Income Tax Act, 1961 [For Short ‘The Act’] Vide Order Dated 29.03.2022 For Assessment Year (Ay) 2016-17. The Revenue Has Raised The Following Grounds Of Appeal: “1. Whether, On The Facts & In The Circumstances Of The Case & In Law The Ld Cit(A) Erred In Allowing The Condonation For Return Of Income When Only

For Appellant: Sh. Priyank Ghia & Kanu Chokshi, ARFor Respondent: Sh. Satyapal Kumar, CIT-DR
Section 11(1)(a)Section 11(2)Section 11(3)Section 12ASection 139(4)Section 139(9)Section 143(3)Section 250Section 80G

pronouncement : 19/12/2022 ORDER PER GAGAN GOYAL, A.M: This appeal by Revenue is directed against the order of National Faceless Appeal Centre, Delhi [for short ‘NFAC’] passed under section 250 of the Income Tax Act, 1961 [for short ‘the Act’] vide order dated 29.03.2022 for Assessment Year

ACIT 16(3), Mumbai vs. M/S. Wadia Ghandy & Co, Mumbai

In the result, the Appeal is dismissed

ITA 591/MUM/2022[2015-16]Status: DisposedITAT Mumbai16 Dec 2022AY 2015-16

Bench: Shri Kuldip Singh & Shri Gagan Goyalacit-16(3), Room No. 615, Aayakar Bhavan, M.K. Road, New Marine Lines, Mumbai-400020. ...... Appellant Vs. M/S Wadia Ghandy& Co. N.M. Wadia Building, 123 M.G. Road, Fort, Mumbai-400001. Pan: Aaafw1081H ..... Respondent Appellant/Revenue By : Sh. Satyapal Kumar, Sr.Dr Respondent/Assessee By : Sh. Milin Dattani, Ar Date Of Hearing : 22/09/2022 Date Of Pronouncement : 16/12/2022 Order Per Gagan Goyal, A.M: This Appeal By Revenue Is Directed Against The Order Of National Faceless Appeal Centre, Delhi, [For Short ‘(Nfac)’] Passed Under Section 250 Of The Income Tax Act, 1961 [For Short ‘The Act’] Vide Order Dated 22.12.2021 For Assessment Year (Ay) 2015-16. The Revenue Has Raised The Following Grounds Of Appeal: Grounds Of Appeal Tax Effect Relating To 2 Ita No. 591/Mum/2022-M/S Wadia Ghandy & Co.

For Appellant: Sh. Milin Dattani, ARFor Respondent: Sh. Satyapal Kumar, Sr.DR
Section 143(2)Section 250Section 37Section 37o

pronouncement : 16/12/2022 ORDER PER GAGAN GOYAL, A.M: This appeal by Revenue is directed against the order of National Faceless Appeal Centre, Delhi, [for short ‘(NFAC)’] passed under section 250 of the Income Tax Act, 1961 [for short ‘the Act’] vide order dated 22.12.2021 for Assessment Year ... 591/Mum/2022-M/s Wadia Ghandy & Co. payment made to person other than working partner. Against this disallowance assessee preferred an appeal before the Ld.CIT(A) (NFAC, Delhi). 4. The Ld. CIT (A) allow the appeal of the assessee firm considering the decision of honourable jurisdictional high court vide

Narendra Thacker, Mumbai vs. Income Tax Officer-27(2)(4), Mumbai

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

ITA 2490/MUM/2022[2012-13]Status: DisposedITAT Mumbai16 Dec 2022AY 2012-13

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.2490/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2012-13) Narendra Thacker बिधम/ Ito-27(2)(4) 303-B Wing Bellona Bldg, Tower No.6, Fourth Floor, Vs. 90 Ft Road, Pant Nagar, Vashi Railway Station Ghatkopar (E), Mumbai- Complex, Vashi, Navi 400075. Mumbai-4000703. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabpt1799E (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Smt. Nayana K. Kumar सुनवाई की तारीख / Date Of Hearing: 28/11/2022 घोषणा की तारीख /Date Of Pronouncement: 16/12/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 27.07.2022 For The Assessment Year 2012-13. 2. None Appeared For The Assessee. However, On Perusal Of The Grounds Of Appeal Raised By The Assessee, It Is Noted That The Main Grievance Of Assessee Is Against The Action Of The Ao In Not Giving Proper Opportunity Before Making An Addition Of Rs.4,25,000/-.

For Appellant: NoneFor Respondent: Smt. Nayana K. Kumar
Section 143(1)

IN THE INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM आयकर अपील सं/ I.T.A. No.2490/Mum/2022