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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

Morgan Stanley Advantage Services P Ltd., Mumbai vs. CIT (Apeals), Nationa Faceless Appeal Centre, Delhi, Mumbai

In the result, appeal of the assessee is allowed

ITA 1083/MUM/2021[2016-17]Status: DisposedITAT Mumbai27 Jun 2022AY 2016-17

Bench: Shri Kuldip Singh & Shri Gagan Goyalmorgan Stanley Advantage Services Pvt. Ltd. Athena Building No.5, Sector-30, Mindspace, Goregaon (West), Mumbai-400090 Pan: Aaeca3400B ...... Appellant Vs. Commissioner Of Income Tax (Appeals), National Faceless Appeals Centre, Delhi. ..... Respondent Appellant By : Sh. Sunil M. Lala Respondent By : Sh. Amol B. Kirtane Date Of Hearing : 20/06/2022 Date Of Pronouncement : 27/06/2022 Order Per Gagan Goyal, A.M: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeals Centre (Nfac), Delhi. [Hereinafter Referred To As ‘The Cit(A)’] Vide Order Dated 11.12.2018 For The Assessment Year (Ay) 2016-17. The Assessee Has Raised The Following Grounds Of Appeal: “Ground 1: Disallowance Of Expenditure Claimed Towards Employee Stock Option Scheme (Esop) Under Section 37(1) Of The Income-Tax Act, 1961 (Act) Amounting To Rs 1,84,75,816. In This Regard, The Learned Cit(A)/ Learned Assessing Officer Has, On The Facts & Circumstances Of The Case & In Law, Erred On The Following Grounds:

For Appellant: Sh. Sunil M. LalaFor Respondent: Sh. Amol B. Kirtane
Section 143(2)Section 271Section 271(1)(c)Section 30Section 37(1)

GAGAN GOYAL, A.M: This appeal by the assessee is directed against the order of Commissioner of Income Tax (Appeals), National Faceless Appeals Centre (NFAC), Delhi. [hereinafter referred to as ‘the CIT(A)’] vide order dated 11.12.2018 for the Assessment Year (AY) 2016-17. The assessee has raised the following grounds

Mhs Builders Developers, Mumbai vs. Incoem Tax Officer 33 (2) (3), Mumbai

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

ITA 519/MUM/2022[2012-13]Status: DisposedITAT Mumbai24 Jun 2022AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकर अपील सं/ I.T.A. No.519/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2012-13) Mhs Builders Developers बिधम/ Ito-33(2)(3) 92, Basanti Bhavan S.V. C-12, 5Th Floor, Vs. Road, Kandivali West, Pratyaksha Kar Bhavan, Mumbai-400067. Bandra Kurla Complex, Bandra (E), Mumbai- 400051. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aamfm0557A (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Shri Rajesh Ojha, (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 13/06/2022 घोषणा की तारीख /Date Of Pronouncement: 24/06/2022 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 25.12.2021 For The Assessment Year 2012-13. 2. The Grounds Of Appeal Of The Assessee Reads As Under: - “The Ld. Cit(A) Erred In Not Giving Proper Opportunity To Be Heard To The Appellant. Even Though The Appellant Has Attend The Case Before Cit(A)-45 From Time To Time But The Ld. Cit Has Not Passed The Order & Transferred All The Files To National Faceless Appeal Centre (Nfac) Therefore, The Order Pass By National Faceless Is Bad In Law & The Order Passed By The National Faceless Appeal Centre (Nfac) Is To Be Quashed. The Ld. Cit(A) Erred In Not Giving Proper Opportunity To Be Heard To The Appellant. Even Though The Appellant Has Attend The Case Before The Cit(A) 45 From Time To Time But The Ld. Cit Has Not Passed The Order

For Appellant: NoneFor Respondent: Shri Rajesh Ojha, (Sr. AR)
Section 142(1)

VARKEY, JM: This is an appeal preferred by the assessee against the order of the Ld. Commissioner of Income Tax (Appeals) (NFAC), Delhi dated 25.12.2021 for the assessment year 2012-13. 2. The grounds of appeal of the assessee reads as under: - “The Ld. CIT(A) erred in not giving ... from time to time but the Ld. CIT has not passed the order and transferred all the files to National Faceless Appeal Centre (NFAC) therefore, the order pass by National Faceless is bad in law and the order passed by the National Faceless appeal Centre (NFAC) is to be quashed