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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

Nalina Dyave Gowda, Bengaluru vs. Assistant Director of Income Tax, CPC, Bengaluru

In the result, appeal of the assessee is dismissed

ITA 685/BANG/2022[2019-20]Status: DisposedITAT Bangalore24 Nov 2022AY 2019-20

Bench: Shri N. V. Vasudevanassessment Year : 2019-20 Ms. Nalina Dyave Gowda, Vs. The Adit, #129/25, Shree Paada, Cpc, Sanjeev Shetty Layout, Bidadi, Bengaluru. Bengaluru – 560 109. Pan : Aqcpn 0102 A Appellant Respondent Assessee By : Ms. Sunaina Bhatia, Ca Revenue By : Shri. Ganesh R. Ghale, Standing Counsel Date Of Hearing : 21.11.2022 Date Of Pronouncement : 24.11.2022 O R D E R This Is An Appeal By The Assessee Against The Order Dated 29.06.2022 Of Nfac, Delhi, Relating To Assessment Year 2019-20. 2. The Only Issue That Arises For Consideration In This Appeal Is As To Whether The Revenue Authorities Were Justified In Making A Disallowance On Delayed Payment Of Employee’S Contribution To Esi & Pf Of Rs.14,58,631/- Made By The Assessee Beyond The Due Date By Invoking The Provisions Of Section 36(1)(Va) Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). 3. On The Above Issue, It Is Not Disputed That As Per The Decision Of The Hon’Ble Supreme Court Rendered In The Case Of Checkmate Services Pvt Ltd Vs Cit-1 In Civil Appeal 2833/2016 Vide Its Judgment Dated 12 October 2022 Decided The Issue On Page 2 Of 6

For Appellant: Ms. Sunaina Bhatia, CAFor Respondent: Shri. Ganesh R. Ghale, Standing Counsel
Section 139(1)Section 143(1)Section 143(1)(a)Section 36(1)(va)Section 43B

hearing : 21.11.2022 Date of Pronouncement : 24.11.2022 O R D E R This is an appeal by the assessee against the order dated 29.06.2022 of NFAC, Delhi, relating to Assessment Year 2019-20. 2. The only issue that arises for consideration in this appeal is as to whether the Revenue authorities

Malavally Taluk Sri Basaveshwara Credit Co-Operative Society Limited, Mandya vs. Income Tax Officer, Ward-1 & Tps, Mandya

In the result, appeal of the assessee is partly allowed

ITA 1019/BANG/2022[2016-17]Status: DisposedITAT Bangalore24 Nov 2022AY 2016-17

Bench: Shri N. V. Vasudevanassessment Year : 2016-17 M/S. Malavally Taluk Sri Vs. The Ito, Basaveshwara Credit Cooperative Ward – 1 & Tps, Society Ltd., Mandya. Kote Beedi, Malavalli, Mandya – 571 430. Pan : Afepa 6862 R Appellant Respondent Assessee By : Shri. Siddesh Nagaraj Gaddi, Ca Revenue By : Shri. Ganesh R. Ghale, Standing Counsel Date Of Hearing : 23.11.2022 Date Of Pronouncement : 24.11.2022 O R D E R This Is An Appeal By The Assessee Directed Against The Order Dated 20.06.2022 By The Nfac, Delhi Relating To Assessment Year 2016-17. 2. The Assessee Is A Credit Co-Operative Society. In The Assessment Of The Assessee For Assessment Year 2016-17, The Assessment Was Completed Under Section 143(3) By An Order Dated 28.12.2018. The Assessee Earned Interest Income Of Rs.3,20,999/- Being Interest Earned On Deposits With The Co-Operative Bank. The Assessee Claimed The Same As Deduction Under Sections 80P(2)(A)(I)/80P(2)(D) Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). Deduction Under Sections 80P(2)(A)(I)/80P(2)(D) Was Denied By The Ao By Following The Decision Of Hon’Ble Karnataka High Court In The Case Of Pcit Vs. Totagar’S Co-Operative Society (2017) 83 Taxmann 140 (Karnataka) Wherein It Was Held That Interest Earned On Page 2 Of 3

For Appellant: Shri. Siddesh Nagaraj Gaddi, CAFor Respondent: Shri. Ganesh R. Ghale, Standing Counsel
Section 143(3)Section 57Section 80PSection 80P(2)(a)Section 80P(2)(d)

Date of Pronouncement : 24.11.2022 O R D E R This is an appeal by the assessee directed against the order dated 20.06.2022 by the NFAC, Delhi relating to Assessment Year 2016-17. 2. The assessee is a credit co-operative society. In the assessment of the assessee for Assessment Year

Chase Security, Bangalore vs. Income Tax Officer, Ward-6(3)(1), Bangalore

In the result, appeal of the assessee is dismissed

ITA 796/BANG/2022[2018-19]Status: DisposedITAT Bangalore23 Nov 2022AY 2018-19

Bench: Shri N. V. Vasudevanassessment Year : 2018-19 M/S. Chase Security, Vs. The Ito, No.16/A, 1St Floor, Millar Tank Bund Ward – 6(3)(1), Cpc, Road, Vasanth Nagar, Bengaluru. Bengaluru – 560 052. Pan : Aaefc 2412 L Appellant Respondent Assessee By : Smt. Sheethal Borkar, Advocate Revenue By : Shri. Ganesh R. Ghale, Standing Counsel Date Of Hearing : 21.11.2022 Date Of Pronouncement : 23.11.2022 O R D E R This Is An Appeal By The Assessee Directed Against The Order Dated 29.04.2021 By The Nfac, Delhi Relating To Assessment Year 2018-19. 2. The Only Issue That Arises For Consideration In This Appeal Is As To Whether The Revenue Authorities Were Justified In Disallowing Payment Made To Esi/Pf Being Employees’ Share Of Contribution Under Section 36(1)(Va) Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). 3. In This Regard, It Is Pertinent To Note That The Employee Provident Fund & Miscellaneous Provisions Act, 1952 Was Promulgated To Provide For Such Institution Of Provident Funds, Pension Fund & Deposit-Linked Insurance Fund For Employees In Factories & Other Establishments. It Aims To Build Adequate Retirement Corpus For The Salaried Class Of Employees. The Fund Includes Contributions From The Employer & Employee Both, Page 2 Of 14

For Appellant: Smt. Sheethal Borkar, AdvocateFor Respondent: Shri. Ganesh R. Ghale, Standing Counsel
Section 2Section 2(24)(x)Section 36(1)(va)

Date of Pronouncement : 23.11.2022 O R D E R This is an appeal by the assessee directed against the order dated 29.04.2021 by the NFAC, Delhi relating to Assessment Year 2018-19. 2. The only issue that arises for consideration in this appeal is as to whether the Revenue authorities

Mahavir Ghar Sansar Pvt. Ltd, Mumbai vs. ITO 1(1), Mumbai

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

ITA 141/MUM/2022[2013-14]Status: DisposedITAT Mumbai18 Nov 2022AY 2013-14

Bench: Shri Amit Shukla, Jm & Shri M. Balaganesh, Am आयकरअपीलसं./ I.T.A. No. 141/Mum/2022 (निर्धारणवर्ा / Assessment Year: 2013-14) Ito-1(1)(1), Mahavir Ghar Sansar Aayakar Bhavan, M. K. Private Limited, बिधम/ Road, Mumbai-400 020 19 Raj Mahal, 84, Veer Vs. Nariman Road, Mumbai-400 020 स्थायीलेखासं./जीआइआरसं./ Pan No. Aaacs7170C (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : None प्रत्यथीकीओरसे/Respondent By : Shri Mahita Nair, Ld. Dr सुनवाईकीतारीख/ : 22.08.2022 Date Of Hearing घोषणाकीतारीख / : 18.11.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeal Has Been Filed By The Assessee Against The Impugned Order Dated 01.12.2021, Passed By National Faceless Appeal Centre (Nfac), Delhi For The Quantum Of Assessment Passed U/S 143(3) R.W.S. 263 For Ay 2015-16. The Assessee Has Raised The Following Grounds Of Appeal:-

For Appellant: NoneFor Respondent: Shri Mahita Nair, Ld. DR
Section 143(3)Section 148Section 32(1)(ii)

Shukla, Judicial Member: The aforesaid appeal has been filed by the assessee against the impugned order dated 01.12.2021, passed by National Faceless Appeal Centre (NFAC), Delhi for the quantum of assessment passed u/s 143(3) r.w.s. 263 for AY 2015-16. The assessee has raised the following grounds of appeal

Magan Vadhaji Prajapati, Mumbai vs. Income Tax Officer WD 19(2) (3), Mumbai

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

ITA 1215/MUM/2022[2011-12]Status: DisposedITAT Mumbai18 Nov 2022AY 2011-12

Bench: Shri B. R. Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1215/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2011-12) Magan Vadhaji Prajapati बिधम/ Ito Ward-19(2)(3) Room No.15, 2Nd Floor, Matru Mandir Building, Vs. 39/41, Kamal Niwas 1St & 2Nd Floor, Nana Bhandari Street, Mumbai- Chowk, Bhatia Hospital 400004. Lane, Javji Dadaji Marg, Grant Road West, Mumbai-400007. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Anwpp7146B (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Bharat Kumar Revenue By: Shri V. K. Chaturvedi (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 03/10/2022 घोषणा की तारीख /Date Of Pronouncement: 18/11/2022 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 22.03.2022 For Ay. 2011-12. The Ground Of Appeal Raised By The Assessee Is As Under: - 2. “1. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Not Considering The Facts Whereas Some Suppliers Is Not Belonging To Assessee & Confirm The Addition Made By Ao. 2. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Confirming Addition Rs.17,38,432/- Which Was 12.5% Of Alleged Bogus Purchases.”

For Appellant: Shri Bharat KumarFor Respondent: Shri V. K. Chaturvedi (Sr. AR)
Section 133Section 133(6)

VARKEY, JM: This is an appeal preferred by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals) (NFAC), Delhi dated 22.03.2022 for AY. 2011-12. The ground of appeal raised by the assessee is as under: - 2. “1. On the facts and in the circumstances

Shibanee and Kamal Architects, Bangalore vs. Assistant Commissioner of Income Tax, Circle-2(3)(1), Bangalore

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

ITA 972/BANG/2022[2012-13]Status: DisposedITAT Bangalore17 Nov 2022AY 2012-13

Bench: Smt. Beena Pillai & Ms. Padmavathy Sassessment Year : 2012-13 M/S. Shibanee & Kamal Architects, The Assistant 78 Imagine, Itpl Main Commissioner Of Road, Income Tax, Epip Zone, Whitefield, Circle – 2(3)(1), Bangalore – 560 066. Vs. Bengaluru. Pan: Aaafe3633P Appellant Respondent : Mrs. Tanmayee Rajkumar, Assessee By Advocate : Shri K.R. Narayana, Addl. Revenue By Cit (Dr) Date Of Hearing : 10-11-2022 Date Of Pronouncement : 17-11-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Order Dated 02/08/2022 Passed By Nfac, Delhi For A.Y. 2012-13 On Following Grounds Of Appeal: “1. That The Commissioner Of Income Tax (Appeals) ("Cit(A)") Erred In Fact & In Law In Confirming The Action Of The Assessing Officer ("Ao") Without Considering The Submissions Filed By The Appellant & Thus, The Order Passed Is In Gross Violation Of Principles Of Natural Justice. 2. That The Cit(A) Erred In Holding That The Appellant Has Failed To Participate In The Appeal Proceedings When In Fact, The Appellant Has Filed Its Detailed Replies To The Notices Issued By The Ao/Cit(A).

For Respondent: Mrs. Tanmayee Rajkumar
Section 24Section 271(1)(c)Section 274Section 37Section 40A(2)

Date of Pronouncement : 17-11-2022 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeal is filed by assessee against order dated 02/08/2022 passed by NFAC, Delhi for A.Y. 2012-13 on following grounds of appeal: “1. That the Commissioner of Income Tax (Appeals) ("CIT(A)") erred in fact