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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. Sangha Mithra Rural Financial Services, Bangalore vs. The Assistant Commissioner of Income Tax (Exemptions), Circle-1, Bangalore

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

ITA 787/BANG/2022[2014-15]Status: DisposedITAT Bangalore17 Oct 2022AY 2014-15

Bench: Smt. Beena Pillai & Shri Laxmi Prasad Sahuassessment Year : 2014-15 M/S. Sangha Mithra The Assistant Rural Financial Commissioner Of Services, Income Tax #612, 1C Main Road, (Exemptions), Domlur Layout, Circle – 1, Bangalore – 560 071. Vs. Bangalore. Pan: Aaecs0038H Appellant Respondent : Shri Ravi Shankar, Assessee By Advocate : Smt. Priyadarshini Revenue By Baseganni, Addl. Cit (Dr) Date Of Hearing : 17-10-2022 Date Of Pronouncement : 17-10-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Order U/S. 250 Passed By National Faceless Appeal Centre, Delhi Dated 07/07/2022 For A.Y. 2014-15 On Following Grounds Of Appeal: “1. The Order Passed By The Hon'Ble Commissioner Of Income Tax Nfac, 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 11(1)(a)Section 143(3)Section 234Section 250

Delhi dated 07/07/2022 for A.Y. 2014-15 on following grounds of appeal: “1. The order passed by the Hon'ble Commissioner of Income Tax NFAC, 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

Umamaheswari, Coimbatore vs. ITO, Coimbatore

In the result, appeal filed by the assessee is allowed

ITA 527/CHNY/2022[2017-18]Status: DisposedITAT Chennai14 Oct 2022AY 2017-18

Bench: Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.527/Chny/2022 िनधा"रण वष" /Assessment Year: 2017-18 Mrs.Umamaheswari, V. The Income Tax Officer, 12A, Perumal Konar Street, Non-Corporate Ward-4(2), Vpc Nagar, Coimbatore South, Coimbatore. Coimbatore. [Pan: Abrpu 4791 L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/ Appellant By : Mr.S.Sridhar, Erode Adv. ""थ" की ओर से /Respondent By : Mr.P.Sajit Kumar, Jcit सुनवाई की तारीख/Date Of Hearing : 21.09.2022 घोषणा की तारीख /Date Of Pronouncement : 14.10.2022

For Appellant: Mr.S.Sridhar, Erode AdvFor Respondent: Mr.P.Sajit Kumar, JCIT
Section 133(6)Section 69Section 69A

addition u/s.69 of the Act. The assessee carried the matter in appeal before the First Appellate Authority, but could not succeeded. The Ld.CIT(A), NFAC for the reasons stated in their appellate order, confirmed the additions made by the AO. Aggrieved by the order of the Ld.CIT(A), the assessee ... appeal before me. 4. The Ld.AR for the assessee submitted that the Ld.CIT(A), NFAC erred in confirming additions made towards cash deposits of Rs.7,67,500/- by treating it as unexplained money u/s.69 of the Act, without appreciating the fact that the assessee can transact in Specified Bank Notes

Porkodi, Chennai vs. Income Tax Officer, Chennai

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

ITA 378/CHNY/2022[2017-18]Status: DisposedITAT Chennai14 Oct 2022AY 2017-18

Bench: Shri V. Durga Rao, Hon’Ble & Shri G. Manjunatha, Hon’Bleआयकर अपील सं./Ita No.378/Chny/2022 िनधा"रण वष" /Assessment Year: 2017-18 Smt.Porkodi, V. The Income Tax Officer, No.2B/8, Dabc Mithilam Apartments, Non-Corporate Ward-8(3), Sir Ram Nagar, Main Road, Chennai. Nolambur, Chennai. [Pan: Bkepp 7297 M] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से/ Appellant By : Mr.D.Anand, Adv. ""थ" की ओर से /Respondent By : Mr.P.Sajit Kumar, Jcit सुनवाई की तारीख/Date Of Hearing : 26.09.2022 घोषणा की तारीख /Date Of Pronouncement : 14.10.2022

For Appellant: Mr.D.Anand, AdvFor Respondent: Mr.P.Sajit Kumar, JCIT
Section 69A

year 2017-18. 2. The assessee has raised the following grounds of appeal: The Order of the Hon'ble Commissioner of Income Tax (Appeals), NFAC, vide Order reference ITBA/NFAC/S/250/2021-22/1041151277(1), dated 21.03.2022, is against the facts of the case, weight of evidence on record and principles of natural justice. Grounds ... Addition of Unexplained money U/S.69A The Hon'ble CIT(Appeals), NFAC, has failed to appreciate the fact of the case, in confirming the addition of cash deposits to the tune of Jj*s.17 Lakhs (out of Rs.18. Smt.Porkodi :: 2 :: Lakhs total addition made by the learned AO) as unexplained money

Siemens Financial Services Private Limited, Mumbai vs. National Faceless Assessment Centre, Delhi

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

ITA 849/MUM/2022[2018-19]Status: DisposedITAT Mumbai13 Oct 2022AY 2018-19

Bench: Shri Prashant Maharishi, Accountat Member & Shri Pavan Kumar Gadalesiemens Financial Vs. National Faceless Services Pvt Ltd Assessment Plot No. 2, Sector No.2, Centre(Nfac) Kharghar Node, Navi Delhi. Mumbai – 410210. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aapcs0403H Appellant .. Respondent Appellant By : Shri. Jeet Kamdar.Ar Respondent By : Shri. Suresh Periasamy.Dr Date Of Hearing 11.10.2022 Date Of Pronouncement 14.10.2022 आदेश / O R D E R Per Pavan Kumar Gadale, Jm: This Appeal Is Filed The By The Assessee Against The Order Of The Cit(A)- National Faceless Appeal Centre (Nfac), Delhi Passed U/S 201And 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri. Jeet Kamdar.ARFor Respondent: Shri. Suresh Periasamy.DR
Section 201Section 201(1)Section 201a

MAHARISHI, ACCOUNTAT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER Siemens Financial Vs. National faceless Services Pvt Ltd Assessment Plot No. 2, Sector No.2, Centre(NFAC) Kharghar Node, Navi Delhi. Mumbai – 410210. "थायी लेखा सं./जीआइआर सं./PAN/GIR No. : AAPCS0403H Appellant .. Respondent Appellant by : Shri. Jeet Kamdar.AR Respondent by : Shri. Suresh ... PAVAN KUMAR GADALE, JM: This appeal is filed the by the assessee against the order of the CIT(A)- National Faceless Appeal Centre (NFAC), Delhi passed u/s 201and 250 of the Act. The assessee has raised the following grounds of appeal: 1. On the facts and circumstances of the case