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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

Superflo Filter Private Limited, Mumbai vs. National Faceless Assessement Centre, Delhi

ITA 1588/MUM/2022[2010-2011]Status: DisposedITAT Mumbai23 Aug 2022AY 2010-2011

Bench: Shri Amit Shukla, Jm & Shri M. Balaganesh, Am आयकरअपीलसं./ I.T.A. No. 1588 & 1589/Mum/2022 (ननधधारणवर्ा / Assessment Year: 2010-11 & 2011-12) National Faceless Superflo Filters Pvt. Assessment Centre, Ltd. Delhi B-5/103-104 Greenland बनाम/ Co-Op. Society, Vs. Shrinivas Bagarka Road, J. B. Nagar Andheri (East), Mumbai-400 059 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Aadcs4955N (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : अपीलधथीकीओरसे/ Appellant By : None प्रत्यथीकीओरसे/Respondent By : Shri U. Singh, Ld. Dr सुनवधईकीतधरीख/ : 23.08.2022 Date Of Hearing घोर्णधकीतधरीख / : 23.08.2022 Date Of Pronouncement आदेश / O R D E R Per Amit Shukla: The Aforesaid Appeals Have Been Filed By The Assessee Against The Separate Impugned Order Of Even Date 31.05.2022, Passed By National Faceless Appeal Centre (Nfac), Delhi In Relation To Penalty Proceedings U/S 271(1)(C) For Ay 2010-11 & 2011-12. 2

For Appellant: NoneFor Respondent: Shri U. Singh, Ld. DR
Section 271(1)(c)

aforesaid appeals have been filed by the assessee against the separate impugned order of even date 31.05.2022, passed by National Faceless Appeal Centre (NFAC), Delhi in relation to penalty proceedings u/s 271(1)(c) for AY 2010-11 and 2011-12. 2 I.T.A. No. 1588 & 1589/Mum/2022 Superflo Filters

Adarsh Chamanlal Kaul, Mumbai vs. DCIT, CPC, Bengaluru

In the result, appeal filed by the assessee is allowed

ITA 1952/MUM/2021[2018-19]Status: HeardITAT Mumbai23 Aug 2022AY 2018-19

Bench: Shri Kuldip Singh & Shri Gagan Goyaladarsh Chamanlal Kaul 10Th Floor 2, It Park, Techniplex Ii, Junction Of Veer Savarkar Flyover, Goregaon (West), Mumbai-400062 Pan: Ahrpk7595A ...... Appellant Vs. Dcit, Cpc Bangaluru Pin-560500. ..... Respondent Appellant By : Sh. Sunil G. Rohra Respondent By : Sh. Mehul Jain, Sr. Dr Date Of Hearing : 26/05/2022 Date Of Pronouncement : 23/08/2022 Order Per 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’) Dated 26.08.2021 For The Assessment Year (Ay) 2018-19. The Assessee Has Raised The Following Grounds Of Appeal: 1. "On The Facts & In The Circumstances Of The Case & In The Law, Faa Erred In Passing Ex-Parte Order Without Providing A Reasonable Opportunity Of Being Heard In The Course Of Faceless Hearing To The Appellant Without Appreciating The Facts That Submissions Couldn'T Be Uploaded Due To Non- Functional/ Technical Glitches On The Income Tax Portal Since 1St June 2021 Onwards".

For Appellant: Sh. Sunil G. RohraFor Respondent: Sh. Mehul Jain, Sr. DR
Section 139Section 139(1)Section 143(1)Section 250Section 36(1)Section 36(1)(va)Section 43B

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’) dated 26.08.2021 for the Assessment Year (AY) 2018-19. The assessee has raised the following grounds of appeal: 1. "On the facts and in the circumstances ... intimation dated 16-03-2019, assessee filed an appeal before the Ld. CIT (A)-42, Mumbai on 04-04-2019. The Ld. CIT (A) (NFAC) also confirmed the intimation processed u/s 143(1). Against this order of NFAC, assessee appellant instituted an appeal before Income Tax Appellant Tribunal. Raising total

Radhakrishna Devanna Nayak, Mumbai vs. National Faceless Appeal Centre, Mumbai

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

ITA 1613/MUM/2022[2018-19]Status: HeardITAT Mumbai18 Aug 2022AY 2018-19

Bench: Shri Baskaran Br & Shri Pavan Kumar Gadaleradhakrishna Devanna Vs. Nfac, New Delhi Nayak, 249, Matrupriti, Hingwala Lane, Ghatkopar (E), Mumbai-400077. Pan/Gir No. : Aaapn4093Q Appellant .. Respondent Appellant By : None Respondent By : Shri R.P. Veena.Dr Date Of Hearing 23.08.2022 Date Of Pronouncement 25.08.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Cit(A)- National Faceless Appeal Centre (Nfac), Delhi Passed U/S 143(3) & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal.

For Appellant: NoneFor Respondent: Shri R.P. Veena.DR
Section 143(3)Section 36(1)(va)Section 43Section 44A

INCOME TAX APPELLATE TRIBUNAL “SMC” BENCH, MUMBAI BEFORE SHRI BASKARAN BR, ACCOUNTANT MEMBER & SHRI PAVAN KUMAR GADALE, JUDICIAL MEMBER Radhakrishna Devanna Vs. NFAC, New Delhi Nayak, 249, Matrupriti, Hingwala Lane, Ghatkopar (E), Mumbai-400077. PAN/GIR No. : AAAPN4093Q Appellant .. Respondent Appellant by : None Respondent by : Shri R.P. Veena.DR Date of Hearing ... PAVAN KUMAR GADALE JM: The assessee has filed the appeal against the order of the CIT(A)- National Faceless Appeal Centre (NFAC), Delhi passed u/s 143(3) and 250 of the Act. The assessee has raised the following grounds of appeal. 1. On the facts and in the circumstances