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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

Sri Rajanikanth Reddy, Bengaluru vs. The Income Tax Officer, Ward-4(2)(2), Bangalore

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

ITA 577/BANG/2022[2018-19]Status: DisposedITAT Bangalore20 Sept 2022AY 2018-19

Bench: Shri N.V. Vasudevan & Ms. Padmavathy S.Shri Rajanikanth Reddy Vs The Income Tax Officer- 4(2)(2) No.21, 14Th Main, Venkateshwara Bengaluru Layout, Madiwala Bengaluru 560068 Pan – Ablpr5981K (Appellant) (Respondent) Assessee By: Ms. Sunaina Bhatia, Advocate Revenue By: Shri K.R. Narayan, Addl. Cit-Dr Date Of Hearing: 13/09/2022 Date Of Pronouncement: 20/09/2022 O R D E R Per: Padmavathy, A.M. This Is An Appeal Filed By The Assessee Against The Order Of The Learned Cit(A), Nfac, Delhi In Appeal No. Cit(A)/Bengaluru-4/10069/2020-21 Dated 25.05.2022 For Ay 2018-19. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. The Order Of The Authorities Below In So Far As They Are Against The Appellant Are Opposed To Law, Equity, Weight Of Evidence, Probabilities, Facts & Circumstances Of The Case. 2. The Learned Commissioner Of Income Tax [Appeals] / National Faceless Appeal Centre [Nfac For Short] Is Not Justified In Upholding The Determination Of Total Income Of Appellant In The Order U/S. 154 Of The Act, At Rs. 1,92,26,970/- As Against The Returned Income Of Rs. 1,09,63,817/-, Under The Normal Provisions, On Account Of The Disallowance Of Rs. 82,63,148/- Made U/S.36[1][Va] Of The Act, Based Upon The Details In The Tax Audit

For Appellant: Ms. Sunaina Bhatia, AdvocateFor Respondent: Shri K.R. Narayan, Addl. CIT-DR
Section 139(1)Section 143Section 143(1)(a)Section 154Section 234ASection 234BSection 36Section 43BSection 44A

Padmavathy, A.M. This is an appeal filed by the assessee against the order of the learned CIT(A), NFAC, Delhi in appeal No. CIT(A)/Bengaluru-4/10069/2020-21 dated 25.05.2022 for AY 2018-19. 2. The assessee has raised the following grounds of appeal: - “1. The order of the authorities below ... equity, weight of evidence, probabilities, facts and circumstances of the case. 2. The learned Commissioner of Income tax [Appeals] / National Faceless Appeal Centre [NFAC for short] is not justified in upholding the determination of total income of appellant in the Order

Iron Mountain Services Private Limited, Bangalore vs. The Deputy Commissioner of Income Tax, Circle-3(1)(1), Bangalore

ITA 307/BANG/2022[2017-18]Status: DisposedITAT Bangalore20 Sept 2022AY 2017-18

Bench: Shri N.V. Vasudevan & Shri Chandra Poojariit(Tp)A No.307/Bang/2022 Assessment Year : 2017-18 M/S. Iron Mountain Services Private Limited, Vs. The Deputy Commissioner Of Income Tax, Level 10, Citrine Building Bagmane World Circle – 3(1)(1), Technology Centre, 4, Outer Ring Road, Bengaluru. Mahadevpura, Bengaluru – 560 048. Pan : Aahcm 2578 F Appellant Respondent Appellant By : Shri. Chavali Narayanan, Ca Respondent By : Shri. Sumer Singh Meena, Cit(Dr)(Itat), Bengaluru Date Of Hearing : 20.09.2022 Date Of Pronouncement : 20.09.2022 O R D E R Per N. V. Vasudevan: This Appeal By The Assessee Is Directed Against The Order Dated 27.02.2022 Of National Faceless Assessment Centre (Nfac), Delhi, (Hereinafter Referred To As The Assessing Officer, “Ao” In Short) Passed U/S.143(3) Read With Section 144C(13) Of The Income Tax Act, 1961 (Act) In Relation To Assessment Year 2017-18. 2. The Assessee In Engaged In The Business Of Provision Of Information Technology Enabled Services (Ites), To Its Wholly Owned Holding Company. In Terms Of The Provisions Of Sec.92-A Of The Act, The Assessee & Its Wholly

For Appellant: Shri. Chavali Narayanan, CAFor Respondent: Shri. Sumer Singh Meena, CIT(DR)(ITAT), Bengaluru
Section 143(3)Section 144C(13)Section 92Section 92(1)Section 92B(1)Section 92C

Vasudevan, Vice President: This appeal by the assessee is directed against the order dated 27.02.2022 of National Faceless Assessment Centre (NFAC), Delhi, (hereinafter referred to as the Assessing Officer, “AO” in short) passed u/s.143(3) read with Section 144C(13) of the Income Tax Act, 1961 (Act) in relation

Pushpaben Chandulal Shah, Mumbai vs. CIT (A) NFAC, Mumbai

In the result, appeal filed by the assessee is allowed with the above directions

ITA 2096/MUM/2021[2011-12]Status: DisposedITAT Mumbai16 Sept 2022AY 2011-12

Bench: Shri Kuldip Singh & Shri Gagan Goyalpushpaben Chandulal Shah, D-3, Siddhapura Industrial Estate, L.B.S Marg, Ghatkopar (W), Mumbai-400086. Pan: Aapps2890B ...... Appellant Vs. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Mumbai. ..... Respondent Appellant By : Sh. Rajesh Shah & Sh. Nimish Shah Respondent By : Sh. Ashish Kumar, Sr. Dr Date Of Hearing : 04/07/2022 Date Of Pronouncement : 16/09/2022 Order Per Gagan Goyal, A.M:

For Appellant: Sh. Rajesh Shah & Sh. Nimish ShahFor Respondent: Sh. Ashish Kumar, Sr. DR
Section 133(6)Section 143(1)Section 148Section 250Section 33(6)

Siddhapura Industrial Estate, L.B.S Marg, Ghatkopar (W), Mumbai-400086. PAN: AAPPS2890B ...... Appellant Vs. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Mumbai. ..... Respondent Appellant by : Sh. Rajesh Shah & Sh. Nimish Shah Respondent by : Sh. Ashish Kumar, Sr. DR Date of hearing : 04/07/2022 Date of pronouncement : 16/09/2022 ORDER ... GAGAN GOYAL, A.M: This appeal by the assessee is directed against the order of National Faceless Appeal Centre, Delhi [hereinafter referred to as (‘NFAC)] under section 250 of the Income Tax Act, 1961 ( for short ‘the Act’) dated 29.09.2021 for the Assessment Year (AY) 2011-12. The assessee has raised