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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

Samriddhi Petroproducts Private Limited, Hyderabad vs. DCIT., Circle-3(1), Hyderabad

In the result, appeal filed by the assessee is allowed for statistical purposes

ITA 580/HYD/2022[2014-15]Status: DisposedITAT Hyderabad15 Dec 2022AY 2014-15

Bench: Shri R.K. Panda & Shri K. Narasimha Charyassessment Year: 2014-15 Samriddhi Petroproducts Vs. Dy. C.I.T Private Limited Circle 3(1) Hyderabad Hyderabad Pan:Aarcs2499F (Appellant) (Respondent) Assessee By: Advocate Mohd Afzal Revenue By: Shri Kumar Aditya, Dr Date Of Hearing: 13/12/2022 Date Of Pronouncement: 15/12/2022 Order Per R.K. Panda, A.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 27.09.2022 Of The Learned Cit (A)-Nfac, Delhi Relating To A.Y. 2014-15. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company Engaged In The Wholesale & Retail Trade Of Auto Gas. It Filed Its Return Of Income On 30.09.2014 Declaring Nil Income After Setting Off Of Brought Forward Losses Of Rs.28,54,332/-. The Case Was Selected For Scrutiny & The Assessing Officer Completed The Assessment U/S 143(3) On 12.09.2016 Determining The Total Income At Rs.2,16,571/-. Subsequently, The Learned Cit Assumed

For Appellant: Advocate Mohd AfzalFor Respondent: Shri Kumar Aditya, DR
Section 143(3)Section 263Section 68

15/12/2022 ORDER Per R.K. Panda, A.M This appeal filed by the assessee is directed against the order dated 27.09.2022 of the learned CIT (A)-NFAC, Delhi relating to A.Y. 2014-15. 2. Facts of the case, in brief, are that the assessee is a company engaged in the wholesale ... provide documentary evidence in terms of provisions of section 68 of the I.T. Act. 3. The assessee preferred an appeal before the CIT (A)- NFAC. However, during the faceless appellate proceedings despite issuance of several notices to the assessee, none appeared on behalf of the assessee. Therefore

Mangayarkarasi Subramaniam, Erode vs. ITO, NFAC, Delhi

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

ITA 850/CHNY/2022[2013-2014]Status: DisposedITAT Chennai14 Dec 2022AY 2013-2014

Bench: Shri V. Durga Raoआयकर अपील सं./I.T.A. No.850/Chny/2022 िनधा"रण वष"/Assessment Year: 2013-14 Smt. Mangayarkarasi Subramaniam, Vs. The Income Tax Officer, 53/1, Avvaiyar Street, National Faceless Assessment Centre, Erode. 638 011. Delhi. [Pan:Arhpm8094N] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sridhar, Advocate ""थ" की ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/ Date Of Hearing : 07.12.2022 घोषणा की तारीख /Date Of Pronouncement : 14.12.2022 आदेश /O R D E R This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 08.09.2022 Relevant To The Assessment Year 2013-14. 2. Brief Facts Of The Case Are That As Per Ast/Air Information On Itd Query, The Assessee Has Deposited Cash Amounting To ₹.13,90,000/- In Her Saving Bank Account During The Financial Year 2012-13 Relevant To The Assessment Year 2013-14. Since The Assessee Has Not Filed Return Of Income, The Assessing Officer Initiated

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri D. Hema Bhupal, JCIT
Section 142(1)Section 147Section 148

This appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, dated 08.09.2022 relevant to the assessment year 2013-14. 2. Brief facts of the case are that as per AST/AIR information on ITD query

Farida Shoes Private Limited, Chennai vs. ADIT CPC, Bangalore

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

ITA 849/CHNY/2022[2019-2020]Status: DisposedITAT Chennai14 Dec 2022AY 2019-2020

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.849/Chny/2022 िनधा"रण वष"/Assessment Year: 2019-2020 M/S. Farida Shoes Private Limited, Vs. The Assistant/Deputy Commissioner No. 151/4, Mount Poonamallee Road, Of Income Tax, Ramapuram, Chennai 600 089. Corporate Circle 2(1), Chennai [Pan:Aaacf0496Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : None ""थ" की ओर से/Respondent By : Shri D. Hema Bhupal, Jcit सुनवाई की तारीख/ Date Of Hearing : 30.11.2022 घोषणा की तारीख /Date Of Pronouncement : 14.12.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), New Delhi Dated 10.10.2022 Relevant To The Assessment Year 2019-2020. 2. Brief Facts Of The Case Are That The Assessee Filed Its Return Of Income For The Assessment Year 2019-20 On 28.11.2019 Declaring Total Income Of ₹.16,50,00,300/-. The Return Filed By The Assessee Was 2

For Appellant: NoneFor Respondent: Shri D. Hema Bhupal, JCIT
Section 143(1)Section 2(24)(x)Section 36(1)(va)Section 40Section 40A(2)Section 41Section 43B

MEMBER: This appeal filed by the assessee is directed against the order of the ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), New Delhi dated 10.10.2022 relevant to the assessment year 2019-2020. 2. Brief facts of the case are that the assessee filed its return ... processing the return under section 143(1) of the Act, disallowed the delayed remittance of PF contribution. On appeal before the ld. CIT(A) NFAC, the assessee has submitted that the employee’s contribution to PF & ESI has been remitted on or before the due date of furnishing of return

Mukand Limited, Mumbai vs. National Faceless Assessment Centre., New Delhi

In the result, the appeal file by the assessee is allowed for statistical purposes

ITA 2591/MUM/2022[2013-2014]Status: DisposedITAT Mumbai14 Dec 2022AY 2013-2014

Bench: The Ld. Cit(A). 3. From The Perusal Of The Ground No. 1 Raised By The Assessee Before Us, It Is Observed That Assessee Had Not Opted For Vsvs To Settle The Dispute Arising In The Assessment Framed U/S 147 R.W.S. 144B Of The Act Dated 30.03.2022. Hence, It Can Be Safely Concluded That Ld. Cit(A) Had Erred In Dismissing The Appeal On Erroneous Assumption Of Facts. Hence, We Deem It Fit & Proper To Remand This Appeal To The File Of Ld. Cit(A) For De Novo Adjudication In Accordance With Law. Assessee Is At Liberty To Furnish Further Evidences, If Any, In Support Of His Contentions. It Is Needless To Mention That Assessee Be Given Reasonable Opportunity Of Being Heard. Accordingly, This Ground Is Allowed For Statistical Purposes. 4. In The Result, The Appeal File By The Assessee Is Allowed For Statistical Purposes.

Section 143(3)Section 147

This appeal in ITA No. 2591/Mum/2022 for A.Y. 2013-14 arises out of the order by the Ld. Commissioner of Income Tax (Appeals) - NFAC in appeal No. ITBA/NFAC/S/250/2022-23/1044648928(1) dated 13/08/2022 (ld. CIT(A) in short) against the order of assessment passed u/s. 143(3) of the Income ... Assessing Officer (hereinafter referred to as ld. AO). 2 Mukund Limited 2. At the outset, we find that Ld. CIT(A)-NFAC had dismissed the appeal of the assessee on the ground that assessee had filed Vivad-se- Vishwas Scheme (VSVS) and settled its dispute for the issues raised before

Cdk Global (India) Private Limited, Hyderabad vs. DCIT, Circle -1 (1), Hyderabad

In the result, appeal filed by the assessee is allowed

ITA 135/HYD/2022[2017-18]Status: DisposedITAT Hyderabad13 Dec 2022AY 2017-18

Bench: Shri R.K. Panda & Shri Laliet Kumarassessment Year: 2017-18 Cdk Global (India) P Ltd Vs. Dy. Cit Hyderabad Circle 1(1) Pan:Aagcr9879K Hyderabad (Appellant) (Respondent) Assessee By: Adv Tanmayee Rajkumar Revenue By: Shri Rajendra Kumar, Cit(Dr) Date Of Hearing: 12/12/2022 Date Of Pronouncement: 13/12/2022 Order Per Laliet Kumar, J.M This Appeal Filed By The Assessee Is Directed Against The Order Dated 13.3.2019 Of The Learned Cit (A)-Nfac, Delhi Relating To A.Y.2017-18. 2. In This Case, The Assessee Has Entered Into Advance Pricing Agreement (Apa) On 18.8.2021 & The Copy Of The Said Apa Was Furnished Before The Drp Which Is Duly Recorded By The Drp In Para 2.37.1 To 2.37.4 At Page 102 To 104. 3. The Assessee Had Sought To Withdraw The Effective Grounds Of Appeal No 1 To 37 Covered Under Apa . The Drp After Recording It Has Held As Under:

For Appellant: Adv Tanmayee RajkumarFor Respondent: Shri Rajendra Kumar, CIT(DR)

13/12/2022 ORDER Per Laliet Kumar, J.M This appeal filed by the assessee is directed against the order dated 13.3.2019 of the learned CIT (A)-NFAC, Delhi relating to A.Y.2017-18. 2. In this case, the assessee has entered into advance pricing Agreement (APA) on 18.8.2021 and the copy of the said ... No.401 and Unit 501, Building 12B, Rajeja Mindspace, Cyberabad, Survey No.64, APIIC Software Layout, Madhapur, Hyderabad 500081 2 Dy.CIT, Circle 1(1) 3 Add/Jt/Dy/ACIT, NFAC, Delhi 4 Dy. CIT T.P.O-1 ,Hyderabad 5 Pr. CIT-1, Hyderabad 6 DR, ITAT Hyderabad Benches 7 Guard File By Order Page