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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

ITO-28(3)(1), Mumbai vs. M/S Shri Kulswami Co-Op Credit Society Ltd, Mumbai

ITA 984/MUM/2022[2017-18]Status: DisposedITAT Mumbai25 Jul 2022AY 2017-18

Bench: Shri Pramod Kumar & Shri Pavan Kumar Gadaleita Nos. 984 & 986/Mum/2022 (A.Y. 2017-18 & 2014-15) Ito – 28(3)(1) Vs. M/S Shrikulswamico- Rm No. 316, 3Rd Floor, Op Credit Societyltd., 6Th Tower, Vashi Railway F-3/1, Apmc, Central Station Complex,Vashi Facilitybldg,Sector19, Navi Mumbai, Apmcmarket,Tribhe, Mumbai-400705. Navi Mumbai Mumbai – 400705. Pan/Gir No. : Aaaas2059L Appellant .. Respondent Appellant By : Ms.Ketaki Desai. Dr Respondent By : None Date Of Hearing 21.07.2022 Date Of Pronouncement 25.07.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: These Are The Two Appeals Filed By The Revenue Against The Separate Orders Of The Cit(A) National Faceless Appeal Centre (Nfac), Delhi Passed U/S 143(3) & 250 Of The Act.

For Appellant: Ms.Ketaki Desai. DRFor Respondent: None
Section 143(2)Section 143(3)Section 80PSection 80P(2)Section 80P(4)

KUMAR GADALE JM: These are the two appeals filed by the revenue against the separate orders of the CIT(A) National Faceless Appeal Centre (NFAC), Delhi passed u/s 143(3) and 250 of the Act. Since the issues in these two appeals are common and identical, hence are clubbed, heard ... Primary Co-operative Bank"? (2). "Further, placed in the above factual and legal scenario, the impugned order of the Ld. CIT(A), NFAC is, the appellant prays, patently perverse and contrary to law and consequently merits to be set aside and that of the Assessing Officer be restored

Optech Engineering Pvt. Ltd, Mumbai vs. ADIT, CPC, Bangalore

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

ITA 2128/MUM/2021[2017-18]Status: DisposedITAT Mumbai25 Jul 2022AY 2017-18

Bench: Shri Amarjit Singh & Ms. Kavitha Rajagopalassessment Years: 2017-18 M/S. Optech Engineering Pvt. Asst. Director Of Income Tax, Ltd., Cpc, D 151, Amar Gian, Post Bag No.2, Vs. Opp New St Stand, Electronic City Post Office, Khopat, Bangalore – 560 500 Thane- 400 601 Pan: Aaaco7459C (Appellant) (Respondent) Present For: Assessee By : None Revenue By : Shri Dinesh Singh, D.R. Date Of Hearing : 20 . 07 . 2022 Date Of Pronouncement : 25 . 07 . 2022 O R D E R Per Amarjit Singh: The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A), Nfac, Delhi, Which In Turn Arises From The Order Passed By The A.O. U/S 143(1) Of The Income Tax Act, 1961, For A.Y. 2017-18. The Assessee Has Raised The Following Grounds Before Us:

For Appellant: NoneFor Respondent: Shri Dinesh Singh, D.R
Section 139(1)Section 143(1)Section 36(1)(va)Section 43B

Amarjit Singh, Accountant Member: The present appeal filed by the assessee is directed against the order passed by the ld. CIT(A), NFAC, Delhi, which in turn arises from the order passed by the A.O. u/s 143(1) of the Income Tax Act, 1961, for A.Y. 2017-18. The assessee ... raised the following grounds before us: “1. On the facts and circumstances of the case and in law, the National Faceless Appeal Centre ("NFAC") erred in confirming the dismissal of the rectification application and consequently, upholding the disallowance of Rs.5,15,654/- pertaining to the employees' contributions of ESIC

Navin Agrwal, Thane vs. Circle 35(2) /AO Nafc, Delhi

In the result, the appeal of the assessee is allowed

ITA 2412/MUM/2021[2016-17]Status: DisposedITAT Mumbai22 Jul 2022AY 2016-17

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.2412/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2016-17) Navin Agarwal बिधम/ Circle-35(2)/Ao Nfac Villa No.18, Palava Golf Delhi-110001. Vs. Links, Kalyan Shil Road Dombivali (E), Thane- 421204. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aekpa7396F (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Mahesh Saboo Revenue By: Shri Chetan M. Kacha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 18/07/2022 घोषणा की तारीख /Date Of Pronouncement: 22/07/2022 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 16.12.2021 For The Assessment Year 2016-17 Against The Penalty Confirmed U/S 271(1)(B) Of The Income Tax Act, 1961 (Hereinafter “The Act”). 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit(A) Confirming The Action Of The Ao Levying Penalty U/S 271(1)(B) Of The Act To The Tune Of Rs.10,000/-. 3. The Brief Facts Are That The Assessee Had Filed Return Of Income On 17.03.2017 Declaring Total Income At Rs.98,76,030/-. Later, The Case Of The Assessee Was Selected For Scrutiny Assessment Under Cass & The Ao Issued Statutory Notices U/S 143(2) & 142(1) Of The Act. According To The Ao, During The Course Of Assessment Proceedings, The Notice U/S 142(1) Of The Act Dated 29.11.2018 Was Issued & Duly

For Appellant: Shri Mahesh SabooFor Respondent: Shri Chetan M. Kacha (Sr. AR)
Section 142(1)Section 143(2)Section 143(3)Section 271(1)(b)

SHRI GAGAN GOYAL, AM आयकर अपील सं/ I.T.A. No.2412/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2016-17) Navin Agarwal बिधम/ Circle-35(2)/AO NFAC Villa No.18, Palava Golf Delhi-110001. Vs. Links, Kalyan Shil Road Dombivali (E), Thane- 421204. स्थधयी लेखध सं./जीआइआर सं./PAN/GIR No. : AEKPA7396F (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent ... VARKEY, JM: This is an appeal preferred by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals)/(NFAC), Delhi dated 16.12.2021 for the assessment year 2016-17 against the penalty confirmed u/s 271(1)(b) of the Income Tax Act, 1961 (hereinafter

Nna Cre Properties LLP, Mumbai vs. ACIT 20(2), Mumbai

In the result, the appeal of the assessee is allowed

ITA 1499/MUM/2021[2014-15]Status: DisposedITAT Mumbai22 Jul 2022AY 2014-15

Bench: Shri Aby T. Varkey, Jm & Shri Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.1499/Mum/2021 (निर्धारण वर्ा / Assessment Years: 2014-15) Nna Cre Properties Llp बिधम/ Acit-20(2) B-4101, B-Wing, One Room No.217, 2Nd Floor, Vs. Avighna Park, Mahadeo Piramal Chambers, Palav Marg, Curry Road, Lalbaug, Mumbai- Parel, Mumbai-400012. 400012. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aakfn0759M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Shri Chetan M. Kacha (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 18/07/2022 घोषणा की तारीख /Date Of Pronouncement: 22/07/2022 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 23.06.2021 For The Assessment Year 2014-15 Against The Penalty Confirmed U/S 271(1)(C) Of The Income Tax Act, 1961 (Hereinafter “The Act”). 2. The Grounds Of Appeal Of The Assessee Are As Under: - “1. Learned Ao Erred In Law As Well As On Facts In Issuing Notice U/S 274 R.W.S 271(1)(C) Without Application Of Mind, As The Same Is Issued Without Mentioning That Whether It Is Levied For Concealment Of The Particulars Of Income Or Furnishing Inaccurate Particulars Of Income. It Is Note Know To Appellate As To Under Which Ground The Penalty Is Proposed To Be Levied. Hon. Cit(A) Has Also Erred In Not Considering The Same. 2. Learned Ao Erred In Law As Well As On Facts In Levying Penalty U/S 271(1)(C) Of Rs.1,29,503/- On Disallowance Of Interest Of Rs.4,19,102/-

For Appellant: NoneFor Respondent: Shri Chetan M. Kacha (Sr. AR)
Section 271(1)(c)Section 274Section 275

VARKEY, JM: This is an appeal preferred by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals)/(NFAC), Delhi dated 23.06.2021 for the assessment year 2014-15 against the penalty confirmed u/s 271(1)(c) of the Income Tax Act, 1961 (hereinafter