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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

Asstt. CIT-32(1), Mumbai vs. Sunitaben Shantilal Patel, Mumbai

In the result, appeal of the Revenue is dismissed in terms of aforesaid findings

ITA 111/MUM/2021[2015-16]Status: DisposedITAT Mumbai01 Jul 2022AY 2015-16

Bench: Shri Kuldip Singh & Shri Gagan Goyalasst. Commissioner Of Income Tax-32(1), Room No. 702, 7Th Floor, Kautilya Bhavan, Bandra Kurla Complex, Bandra (E), Mumbai-400051. ...... Appellant Vs. Sunitaben Shantilal Patel, 1903, Siddhivinayak Tower Chs Ltd. Link Road, Sudhendra Nagar, Dahisar (E), Mumbai-400068. Pan: Afhpp0267N ..... Respondent Appellant By : Sh. B.K. Bagchi, Sr. Dr Respondent By : Sh. Jigaar Mehta, Ar Date Of Hearing : 30/06/2022 Date Of Pronouncement : 01/07/2022 Order Per Gagan Goyal, A.M: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-44, Mumbai [Hereinafter Referred To As ‘The Cit (A)’] Vide Order Dated 13.08.2020 For The Assessment Year (Ay) 2015-16. The Assessee Has Raised The Following Grounds Of Appeal: 1. “Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit (A) Has Erred In Rejecting The Audited Books Of Accounts & Reducing The Turnover To Rs. 9,50,35,865/- Against Turnover Of Rs. 12,05,07,568/- As Disclosed In The Audited Books Of Accounts.” 2. “Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit (A) Has Erred In Eliminating He Profits To 8% Of The Reduced Turnover Against Addition Of Rs. 8,49,87,993/- Made By The Ao.”

For Appellant: Sh. B.K. Bagchi, Sr. DRFor Respondent: Sh. Jigaar Mehta, AR
Section 142(1)Section 271(1)

IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCH “E”, MUMBAI BEFORE SHRI KULDIP SINGH, JUDICIAL MEMBER AND SHRI GAGAN GOYAL