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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. Arihant Digiprint, Mumbai vs. ACIT Circle 26(1), Mumbai

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

ITA 430/MUM/2022[2019-20]Status: HeardITAT Mumbai29 Jul 2022AY 2019-20

Bench: Shri Pramod Kumar & Shri Pavan Kumar Gadalem/S Arihant Digiprint Vs. Acit, Circle – 26(1) Shed No. 1, Italian Kautilaya Bhavan, Bkc Compound, Goregoan Bandra (E), (E), Mumbai-400063. Mumbai-400051. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aajfa8412H Appellant .. Respondent Appellant By : Shri.Ketan Vajani.Ar Respondent By : Shri.Manoj Sinha.Dr Date Of Hearing 28.07.2022 Date Of Pronouncement 29.07.2022 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(1) & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri.Ketan Vajani.ARFor Respondent: Shri.Manoj Sinha.DR
Section 143(1)Section 143(1)(a)Section 36(1)Section 36(1)(va)Section 43B

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(1) and 250 of the Act. The assessee has raised the following grounds of appeal: 1. The National Faceless Appeal Centre, hereinafter referred ... NFAC", has erred in passing the order dated 7th January, 2022 under the old scheme for Faceless Appeals, which was repealed on account of the newly notified scheme of Faceless Appeal which came into M/s ARihant Digiprint, Mumbai. effect vide Notification dated 28th December, 2021 by the CBDI. The order

Nitin Raj Marwah, Mumbai vs. DCIT Cir 8(20, Mumbai

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

ITA 18/MUM/2022[2012-13]Status: DisposedITAT Mumbai29 Jul 2022AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.18/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2012-13) Nitin Raj Marwah बिधम/ Dcit-8(2) 8Th Floor, Marwah Centre, Aayakar Bhavan, Vs. Krishanlal Marwah Marg, Maharishi Karve Road, Andheri (E), Mumbai- Mumbai-400020. 400072. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabpm2959F (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri M. Subramanian Revenue By: Shri Chetan M. Kacha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 25/07/2022 घोषणा की तारीख /Date Of Pronouncement: 29/07/2022 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 26.10.2021 For Assessment Year 2012-13. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A)/Nfac Confirming The Action Of Ao Determining A Sum Of Uk Pounds 21,180 As The Annual Letting Value (Alv) Of A Residential House Property Owned By The Assessee In London, [United Kingdom (Uk)] & Making Addition Of The Same. 3. The Brief Facts As Noted By The Ao Is That The Assessee Had Filed Return Of Income Declaring Total Income At Rs.64,87,033/-. The Ao Noted That The Assessee Had Six (6) Residential House/Flats. According To The Ao, The Assessee Has Not Offered Any Income In Respect Of One Of These Properties As Deemed To Be Let Out Under The Head ‘Income From House Property’. The Ao Further Noted That The Assessee Is A Resident

For Appellant: Shri M. SubramanianFor Respondent: Shri Chetan M. Kacha (Sr. AR)
Section 23(1)

IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI BEFORE SHRI ABY T. VARKEY, JM AND SHRI GAGAN GOYAL, AM