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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

M/S Perfect Stone Limited, Chennai vs. ITO NFAC, Delhi

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

ITA 785/CHNY/2022[2016-17]Status: DisposedITAT Chennai28 Oct 2022AY 2016-17

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.785/Chny/2022 िनधा"रण वष"/Assessment Year: 2016-17 M/S. Perfect Stone Limited, Vs. The Assistant Commissioner Of New No. 7, Lvr Centre, Seshadri Income Tax, National Faceless Road, Alwarpet, Chennai 600 006. Assessment Centre, New Delhi. [Pan:Aaacp1931G] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri G. Tarun, Advocate For Shri S. Sridhar, Advocate ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 27.10.2022 घोषणा की तारीख /Date Of Pronouncement : 28.10.2022 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 30.08.2022 Relevant To The Assessment Year 2016-17. 2. Brief Facts Of The Case Are That The Assessment Order For The Assessment Year 2016-17 Was Passed Under Section 143(43) Of The Income Tax Act, 1961 [“Act” In Short] On 23.12.2018. Since The Audit

For Appellant: Shri G. Tarun, Advocate for Shri S. Sridhar, AdvocateFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 143(43)Section 271BSection 274Section 44A

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 30.08.2022 relevant to the assessment year 2016-17. 2. Brief facts of the case are that the assessment order for the assessment

M/S. Bhoomi & Arkade Associates, Mumbai vs. DCIT, Cir, 32(1), Mumbai

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

ITA 2088/MUM/2021[2019-20]Status: DisposedITAT Mumbai28 Oct 2022AY 2019-20

Bench: Shri Amit Shukla, Jm & Shri Prashant Maharishi, Am आयकरअपीलसं./ I.T.A. No. 2088/Mum/2021 (निर्धारणवर्ा / Assessment Year: 2019-20) Dcit Circle-32(1), M/S Bhoomi & Arkade 702, Kautilya Bhavan, Associates बिधम/ Bandra Kurla Complex, 2Nd Floor, Arkade House, B. Vs. Mumbai-400 051 S. Marg, Kandivali,(E), Mumbai-400 101 स्थायीलेखासं./जीआइआरसं./ Pan No. Aakfb2942A (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : अपीलाथीकीओरसे/ Appellant By : Shri Charmi Shroff, Ca प्रत्यथीकीओरसे/Respondent By : Shri Chetan M. Kacha, Sr.Ar. सुनवाईकीतारीख/ : 01.08.2022 Date Of Hearing घोषणाकीतारीख / : 28.10.2022 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 22.09.2021, Passed By National Faceless Appeal Centre (Nfac), Delhi For Ay 2019-20 U/S 143(1). The Assessee Has Raised The Following Grounds Of Appeal:-

For Appellant: Shri Charmi Shroff, CAFor Respondent: Shri Chetan M. Kacha
Section 143(1)Section 201(1)Section 40Section 43B

Shukla, Judicial Member: The aforesaid appeal has been filed by the assessee against the impugned order dated 22.09.2021, passed by National Faceless Appeal Centre (NFAC), Delhi for AY 2019-20 u/s 143(1). The assessee has raised the following grounds of appeal:- 2 I.T.A. No. 2088/Mum/2021 M/s. Bhoomi & Arkade Associates ... disallowance u/s 40(a)(ia) amounting to Rs. 1,09,62,094/- and disallowance u/s 43B amounting to Rs. 2,62,662/-. 3. Ld. NFAC held that it is not clear whether the certificate in the prescribed Form 26-A was filed alongwith return income in terms of the proviso

M/S. Ssjv Projects Pvt Ltd, Bengaluru vs. Income Tax Officer, Ward-6(1)(3), Bengaluru

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

ITA 866/BANG/2022[2013-14]Status: DisposedITAT Bangalore28 Oct 2022AY 2013-14

Bench: Shri N. V. Vasudevan & Shri Chandra Poojariassessment Year : 2013-14 M/S. Ssjv Projects Private Limited, Vs. Income Tax Officer, Ground Floor, No.21/6, Ward – 6[1][3], Craig Park Layout, M. G. Road, Bengaluru. Bengaluru – 560 001. Pan : Aaacu 3698 R Appellant Respondent Assessee By : Shri. Narendra Sharma, Advocate Revenue By : Shri. K. R. Narayan, Addl. Cit(Dr)(Itat), Bengaluru. Date Of Hearing : 26.10.2022 Date Of Pronouncement : 27.10.2022 O R D E R Per N. V. Vasudevan: This Appeal Filed By The Assessee Against The Order Dated 20.07.2022 By The National Faceless Appeal Centre (Nfac), Delhi, In Relation To Assessment Year 2013-14. 2. The Ao Passed The Order Of Assessment Under Section 143(3) Dated 31.03.2016. Against The Additions Made In The Said Order, Assessee Filed An Appeal Before The Cit(A) – 6, Bengaluru Who Disposed Off The Appeal By An Order Dated 09.02.2018. Against The Said Aforesaid Orders Of The Cit(A), Assesse Filed Appeal Before The Hon’Ble Itat. The Hon’Ble Itat In Ita Nos.2195 & 2196/Bang/2018, Order Dated 24.02.2018, Remanded The Matter To The Cit(A) For Fresh Consideration. Page 2 Of 5

For Appellant: Shri. Narendra Sharma, AdvocateFor Respondent: Shri. K. R. Narayan, Addl. CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 250

Vasudevan, Vice President: This appeal filed by the assessee against the order dated 20.07.2022 by the National Faceless Appeal Centre (NFAC), Delhi, in relation to Assessment Year 2013-14. 2. The AO passed the Order of Assessment under section 143(3) dated 31.03.2016. Against the additions made in the said ... Tribunal. Ground No.2 raised by the assessee reads as follows: “2. The appellate order passed by the learned Commissioner of Income – tax [Appeals], NFAC is in grave violation of principles of natural justice for the following reasons: [i]. The learned Commissioner of Income-tax [Appeals] has erroneously stated that

Soumya Ghosh, Bengaluru vs. Assistant Commissioner of Income Tax, Circle-3(3)(1), Bangalore

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

ITA 832/BANG/2022[2019-20]Status: DisposedITAT Bangalore28 Oct 2022AY 2019-20

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2019-20 Soumya Ghosh, C-1103, The Assistant Windmills Of Your Commissioner Of Mind, Income Tax, Epip Zone, Whitefield, Circle – 3(3)(1), Bengaluru – 560 066. Vs. Bangalore. Pan: Affpg0104B Appellant Respondent : Shri Ravi Shankar, Assessee By Advocate : Smt. Priyadarshini Revenue By Baseganni, Addl. Cit (Dr) Date Of Hearing : 19-10-2022 Date Of Pronouncement : 28-10-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Order Dated 19/07/2022 Passed By National Faceless Appeal Centre (Nfac), Delhi For Assessment Year 2019-20 On Following Grounds Of Appeal: “1. The Order Passed By The Hon'Ble Commissioner Of Income Tax Nfac, Delhi, Passed Under Section 250 Of The Income Tax Act, 1961 ("The Act") Is So Far As It Is Against The Appellant Is Opposed To Law, Weight Of Evidence, Probabilities, Facts & Circumstances Of The Appellant'S Case.

For Respondent: Shri Ravi Shankar
Section 139(1)Section 139(4)Section 139(5)Section 143(1)Section 234ASection 250Section 90

ORDER PER BEENA PILLAI, JUDICIAL MEMBER Present appeal is filed by assessee against the order dated 19/07/2022 passed by National Faceless Appeal Centre (NFAC), Delhi for assessment year 2019-20 on following grounds of appeal: “1. The order passed by the Hon'ble Commissioner of Income Tax NFAC, Delhi, passed

Renaissance Infrastructure (Now Known As M/S. Renaissance Indius Infra Pvt Ltd), Mumbai vs. CIT (A) -11, Pune

In the result, the appeal of the assessee is allowed

ITA 606/MUM/2022[2008-09]Status: DisposedITAT Mumbai26 Oct 2022AY 2008-09

Bench: Shri Aby T Varkey & Shri Amarjit Singhrenaissance Vs. National Faceless Appeal Infrastructure Centre (Nfac), Delhi (Now Known As M/S Renaissance 710, 7Th Floor, Aaykar Indus Infra Pvt. Ltd.) Sadan, Bodhi Towers, 601, 6Th Floor, Hubtown Salisbury Park, Solaries, Prof.N.S. Gultekadi, Pune Phadke Marg, Opp. Teli 411037 Galli, Vijay Nagar, Mumbai – 400 069 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aajfr8593C Appellant .. Respondent Appellant By : Gautam Thacker Respondent By : Mahita Nair Date Of Hearing 20.10.2022 Date Of Pronouncement 26.10.2022 आदेश / O R D E R Per Amarjit Singh (Am):

For Appellant: Gautam ThackerFor Respondent: Mahita Nair
Section 132Section 143Section 143(3)Section 250Section 271(1)(c)

No.606/Mum/2022 A.Y.2008-09 1 Renaissance Infrastructure Vs. NFAC, Delhi IN THE INCOME TAX APPELLATE TRIBUNAL “D” BENCH, MUMBAI BEFORE SHRI ABY T VARKEY, JUDICIAL MEMBER & SHRI AMARJIT SINGH, ACCOUNTANT MEMBER Renaissance Vs. National Faceless Appeal Infrastructure Centre (NFAC), Delhi (Now known as M/s Renaissance 710, 7th Floor, Aaykar Indus Infra ... assessed at Rs.4,57,00,000/- against the return of income of Rs.nil filed by the ITA No.606/Mum/2022 A.Y.2008-09 2 Renaissance Infrastructure Vs. NFAC, Delhi assessee. During the course of the search proceedings u/s 132 in the case of one of the partners of the assessee namely Sh. Mayur Suchak

Kundanmal Keshrimalji Dhakad, Mumbai vs. Income Tax Officer WD-18(2) (2), Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 1691/MUM/2022[2014-15]Status: DisposedITAT Mumbai26 Oct 2022AY 2014-15

Bench: Shri Aby T Varkey & Shri Amarjit Singhkundanmal Keshrimalji Vs. Income-Tax Officer, Dhakad, Shop No.14, Ward 18(2)(2), Ladivala Chambers, Matru Mandir, Tardeo, Sheikh Memon Street, Mumbai – 400 007 Zaveri Bazar, Mumbai – 400 002 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No: Aeepd9718G Appellant .. Respondent Appellant By : None Respondent By : Sridhar Govind Menon Date Of Hearing 20.10.2022 Date Of Pronouncement 26.10.2022 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Nfac, Delhi, Which In Turn Arises From The Order Passed By The A.O U/S 143(3) Of The Act. The Assessee Has Raised The Following Grounds Before Us: “1. The National Faceless Appeal Centre, Hereinafter Referred To As "Nfac" Has Erred In Deciding The Appeal Of The Appellant Ex-Parte On 30 April, 2022 Ignoring The Fact That The Adjournment Request Of The Appellant Dated 25Th April, 2022 Requesting For Adjournment Till 10Th May, 2022 Was Already On Records & The Same Was Pending As On The Date Of Deciding The Appeal.

For Appellant: NoneFor Respondent: Sridhar Govind Menon
Section 143(3)Section 271(1)(c)Section 274

Amarjit Singh (AM): The present appeal filed by the assessee is directed against the order passed by the NFAC, Delhi, which in turn arises from the order passed by the A.O u/s 143(3) of the Act. The assessee has raised the following grounds before us: “1. The National Faceless ... Appeal Centre, hereinafter referred to as "NFAC" has erred in deciding the appeal of the appellant ex-parte on 30 April, 2022 ignoring the fact that the adjournment request of the appellant dated 25th April, 2022 requesting for adjournment till 10th May, 2022 was already on records and the same

Prajosh Nanu, Mumbai-400022 vs. Asst. Dirctor of Income Tax, CPC, Bangalore

In the result, the appeal of the assessee is allowed

ITA 1169/MUM/2022[2019-20]Status: DisposedITAT Mumbai21 Oct 2022AY 2019-20

Bench: Shri B. R. Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1169/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2019-20) Prajosh Nanu बिधम/ Acit, Cpc Room No. 3, Plot No. 265, Vs. Sanjoli Building, Sulochana Shetti, Marg Sion West, Mumbai-400022. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Apkpk0260R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Ajit Jain & Siddhesh Chaugule Revenue By: Shri P. D. Chougule (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 06/10/2022 घोषणा की तारीख /Date Of Pronouncement: 21/10/2022 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 The Assessment Year 2019-20. 2. The Relevant Grounds Of Appeal Raised By The Assessee Are As Under: - “1. In The Facts & Circumstances Of The Case & In Law, The Learned Commissioner Of Income Tax (Appeals) Herein Referred As ‘The Ld. Cit (A)’ Has Erred In Not Granting The Credit Of Foreign Taxes Paid As Should Have Been Duly Allowed Under Article 24(2) Of The India-Uk Double Tax Avoidance Agreement (‘Dtaa’) Read With Section 90 Of The Act, Even Though The Appellant Was ‘Resident’ In India & Therefore, Had Offered His Global Income To Tax In India Including The Uk Sourced Income Which Had Suffered Tax In Uk As Well.

For Appellant: Shri Ajit Jain & SiddheshFor Respondent: Shri P. D. Chougule (Sr. AR)
Section 143(1)Section 154Section 234CSection 90

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 the assessment year 2019-20. 2. The relevant grounds of appeal raised by the assessee are as under: - “1. In the facts and circumstances ... Prajosh Nanu “i. on the facts and circumstances of the case and in law, Commissioner of Income tax (Appeals), National faceless appeal Centre (NFAC) has erred by not considering the explanation, documents and disclosures made with regard to the claim of relief u/s 90 of the income

Cancare Trust, Mumbai vs. The Comm of Income Tax (Appeal) NFAC, Mumbai

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

ITA 1155/MUM/2022[2015-16]Status: DisposedITAT Mumbai21 Oct 2022AY 2015-16

Bench: Shri B. R. Baskaran, Am & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.1155/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2015-16) Cancare Trust बिधम/ The Commissioner Of A-508, Byculla Service Income Tax (Appeals), Vs. Industries Premises Chs, National Faceless Appeal Dadaji Konddev Road Centre, Mumbai. Byculla (E), Mumbai- 400027. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaatm4606L (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Mr. Vallabh Gokhale/Ms. Mrunmayee Kajrekar Revenue By: Mr. P. D. Chougule (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 03/10/2022 घोषणा की तारीख /Date Of Pronouncement: 21/10/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Trust Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), (Nfac), Delhi Dated 23.03.2022 For The Assessment Year 2015-16. 2. The Grounds Of Appeal Raised By The Assessee Are As Under: - “1. The Learned Cit(A) Erred In Including The Total Income Of The Appellant Accumulation U/S 11(2) Of The Act Amounting To Rs.1,20,13,966/- Without Taking Cognizance Of The Form 10 Filed By The Appellant On 29Th Sep, 2015 With The Office Of The Learned Ao. 2. The Learned Cit(A) Erred In Treating Ground No. 1 Of Cit(A) With Respect To Accumulation U/S 11(2) Of The Act As Withdrawn.”

For Appellant: Mr. Vallabh Gokhale/MsFor Respondent: Mr. P. D. Chougule (Sr. AR)
Section 11Section 11(1)(b)Section 11(2)Section 12A

VARKEY, JM: This is an appeal preferred by the assessee trust against the order of the Ld. Commissioner of Income Tax (Appeals), (NFAC), Delhi dated 23.03.2022 for the assessment year 2015-16. 2. The grounds of appeal raised by the assessee are as under: - “1. The learned CIT(A) erred