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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

Manohar Jalamdan Achalavat, Mumbai vs. Income Tax Officer Ward 22(2)(2), Mumbai

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

ITA 1685/MUM/2022[2012-2013]Status: DisposedITAT Mumbai14 Nov 2022AY 2012-2013

Bench: Shri Amit Shukla, Jm & Shri M. Balaganesh, Am आयकरअपीलसं./ I.T.A. No. 1685/Mum/2022 (निर्धारणवर्ा / Assessment Year: 2012-13) Ito Ward-22(2)(1), Shri Manohar J. Achlavat, Piramal Chamber, Lal A-14, Shiv Ganga 1, बिधम/ Baug, Mumbai-400 012 Khandwala Compound, Datta Vs. Mandir Road, Santacruz (West), Mumbai-400 055 स्थायीलेखासं./जीआइआरसं./ Pan No. Acypa2647K (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri Sanjay Parikh, Ld. Ar प्रत्यथीकीओरसे/Respondent By : Shri U. R. Singh, Ld. Dr सुनवाईकीतारीख/ : 24.08.2022 Date Of Hearing घोषणाकीतारीख / : 14.11.2022 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 29.04.2022, Passed By National Faceless Appeal Centre (Nfac), Delhi For The Quantum Of Assessment Passed U/S 143(3) For Ay 2012-13. 2

For Appellant: Shri Sanjay Parikh, Ld. ARFor Respondent: Shri U. R. Singh, Ld. DR
Section 143(3)

Shukla, Judicial Member: The aforesaid appeal has been filed by the assessee against the impugned order dated 29.04.2022, passed by National Faceless Appeal Centre (NFAC), Delhi for the quantum of assessment passed u/s 143(3) for AY 2012-13. 2 I.T.A. No. 1685/Mum/2022 Shri Manohar J. Achlavat 2. Assessee

Ab Inbev Gcc Services India Private Limited (Earlier Known As Gcc Services India Private Limited), Bangalore vs. The Deputy Commissioner of Income Tax, Circle-3(1)(1), Bangalore

In the result, the appeal filed by the assessee stands partly allowed as indicated hereinabove

ITA 290/BANG/2022[2017-18]Status: DisposedITAT Bangalore14 Nov 2022AY 2017-18

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuit(Tp)A No. 290/Bang/2022 Assessment Year : 2017-18 M/S. Ab Inbev Gcc Services India Pvt. Ltd., (Earlier Known As Gcc Services India Pvt. Ltd.), The Deputy 12Th & 13Th Floor, Commissioner Of Peridot Block, Bagmane Income Tax, World Technology Centre Circle 3(1)(1), Sez, Vs. Bangalore. Marthalli Road, Kr Puram, Bangalore – 560 048. Pan: Aafcg8223M Appellant Respondent Assessee By : Shri Chavali Narayan, Ca : Dr. Manjunath Karkihalli, Revenue By Cit-Dr Date Of Hearing : 20-09-2022 Date Of Pronouncement : 14-11-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Final Assessment Order Passed By The Nfac, Delhi Dated 21/02/2022 For A.Y. 2017-18 On Following Grounds Of Appeal:

For Appellant: Shri Chavali Narayan, CA
Section 115JSection 143(1)Section 244ASection 270ASection 92B

Pronouncement : 14-11-2022 ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeal is filed by assessee against the final assessment order passed by the NFAC, Delhi dated 21/02/2022 for A.Y. 2017-18 on following grounds of appeal: Tax effect relating to Grounds of Appeal each Ground of appeal Page ... 290/Bang/2022 2.5 Subsequently, the draft assessment order dated 06/04/2021 was passed by the National Faceless Assessment Centre (NFAC'). In the said order the NFAC proposed to make the following variations to the returned income of the Assessee: Amount Particulars (in INR) Returned Business Income

Kamdhenu Departmental Stores Pvt. Ltd, Mumbai vs. ACIT Cent. Cir7(3), Mumbai

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

ITA 2172/MUM/2021[2017-18]Status: DisposedITAT Mumbai08 Nov 2022AY 2017-18

Bench: Shri Pavan Kumar Gadale & Shri Amarjit Singh, Accountat Member Kamdhenu Departmental Vs. Acit, Cc – 7(3) Stores Pvt Ltd., Aayakar Bhavan, Plot No.5, Patliputra Chs Mumbai.-400020. Ltd., Four Bungalow, Andheri (West), Mumbai – 400053. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccr2811F Appellant .. Respondent Appellant By : Mr.Rushabh Mehta.Ar Respondent By : Mr.Tejinderpalsinghanand.Dr Date Of Hearing 08.09.2022 Date Of Pronouncement 17.10.2022 आदेश / O R D E R Per Pavan Kumar Gadale, Jm: The Assessee Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeals)-42, Mumbai Passed U/S 143(3) & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal.

For Appellant: Mr.Rushabh Mehta.ARFor Respondent: Mr.TejinderPalSinghAnand.DR
Section 115JSection 143(1)Section 143(2)Section 143(3)Section 68

identical to the facts of the case decided by the Honble Delhi High Court cited(supra), therefore, Iam of the opinion that the learned NFAC was not justified in sustaining the addition of Rs.30.00 lakhs made by the Assessing Officer in the BankA/C during the demonetization period in old currency ... notes of Rs.1000.Accordingly,the order of the NFAC on this issue is setaside and grounds raised on this issue are allowed” Kamdhenu Departmental Stores Pvt Ltd., Mumbai. 11. We considering the facts, circumstances and ratio of judicial decisions find that the action of the Assessing officer in estimating the cash