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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

Malgudi Foods Pvt. Ltd, Mumbai vs. CPC, Bangalore

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

ITA 2309/MUM/2021[2019-20]Status: HeardITAT Mumbai23 May 2022AY 2019-20

Bench: Shri Amit Shukla & Shri Amarjit Singhmalgudi Foods Pvt. Ltd. Vs. Cpc, Bangalore 8, Kamala Bhavan 560100 Sharma, Industrial Estates Walbhat Road Ram Mandir (E) 400063 स्थायी लेखा सं./ जीआइआर सं./ Pan/Gir No: Aaecm8352L Appellant .. Respondent Appellant By : None Respondent By : B.K. Bagchi Date Of Hearing 13.05.2022 Date Of Pronouncement 23.05.2022 आदेश / O R D E R Per Amarjit Singh (Am): 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 154 Of The Income Tax Act, 1961, For A.Y. 2019-20. The Assessee Has Assailed The Impugned Order On The Following Grounds Before Us: “1. On The Facts & Circumstances Of The Case & In Law, The Cit(A) Nfac Erred In Confirming The Disallowance Made Of Rs. 27,62,936/Being Payment Of Pf & Esic Dues W/S 36(1)(Va) Of The Act Considering The Same As Not Deposited On Time Ignoring The Fact That The Delay Was Marginal & Payment Was Made Before Filing The Return.

For Appellant: NoneFor Respondent: B.K. Bagchi
Section 139(1)Section 143(1)Section 154Section 36(1)(va)Section 43B

Amarjit Singh (AM): 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 154 of the Income Tax Act, 1961, for A.Y. 2019-20. The assessee has assailed ... impugned order on the following grounds before us: “1. On the facts and circumstances of the case, and in Law, the CIT(A) NFAC erred in confirming the disallowance made of Rs. 27,62,936/being Payment of PF and ESIC dues w/s 36(1)(va) of the Act considering

M/S. Sattva Media and Consulting Private Limited, Bengaluru vs. Deputy Commissioner of Income-Tax, Circle-6(1)(1), Bengaluru

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

ITA 124/BANG/2022[2019-20]Status: DisposedITAT Bangalore23 May 2022AY 2019-20

Bench: Smt. Beena Pillai & Ms. Padmavathy Sassessment Years : 2019-20 M/S. Sattva Media & Consulting Pvt. Ltd., The Deputy No. 294/295, 2Nd Floor, Commissioner Of Amarjyothi Layout, Income Tax, Opp. Egl Tech Park, Circle – 6 (1)(1), Domlur, Vs. Bangalore. Bangalore – 560 071. Pan: Aancs2959Q Appellant Respondent : Shri Sudheendhra B R, Assessee By Advocate : Shri Priyadarshi Mishra, Revenue By Addl. Cit (Dr) Date Of Hearing : 18-05-2022 Date Of Pronouncement : 23-05-2022 Order Per Beena Pillaipresent Appeal By The Assessee Has Been Filed By Assessee Against The Order Dated 23.12.2021 U/S. 250 Passed By The National Faceless Appeal Centre (Nfac), Delhi Relating To Assessment Year 2019-20 On Following Grounds Of Appeal: “The Grounds Mentioned Herein Below Are Independent & Without Prejudice To The Other Grounds Preferred By The Appellant. 1. General Ground 1.1 The Order Passed By The Cit(A), Nfac Is Bad In Law & Liable To Be Quashed.

For Respondent: Shri Sudheendhra B R
Section 139(1)Section 143(1)Section 250Section 36(1)(va)

Present appeal by the assessee has been filed by assessee against the order dated 23.12.2021 u/s. 250 passed by the National Faceless Appeal Centre (NFAC), Delhi relating to Assessment Year 2019-20 on following grounds of appeal: “The grounds mentioned herein below are independent and without prejudice to the other ... grounds preferred by the Appellant. 1. General Ground 1.1 The order passed by the CIT(A), NFAC is bad in law and liable to be quashed. Page 2 of 7 2. Grounds relating to disallowance of employee contribution to provident fund 2.1. The learned CIT(A), NFAC, Delhi erred

Jitendra Umarshi Ganatra, 2201, Tridev Towers, Bhakti Marg, Mulund West vs. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre

In the result, the appeal of the assessee stands allowed

ITA 1666/MUM/2021[2018-19]Status: DisposedITAT Mumbai19 May 2022AY 2018-19

Bench: Shri Sanjay Garg & Shri Om Prakash Kanti.T.A. No.1666/Mum/2021 Assessment Year: 2018-19 Jitendra Umarshi Ganatra…………….……..….…..………………….……Appellant 2201, Tridev Towers, Bhakti Marg, Mulund West-400080. [Pan:Aacpg8936D] Vs. Commissioner Of Income Tax(Appeals), Nfac, Delhi...……………..…..Respondent Appearances By: Shri Prakash Iyer, Appeared On Behalf Of The Appellant. Shri Sn Kabra, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 19, 2022 Date Of Pronouncing The Order : May 19, 2022 Order Per Sanjay Garg:

Section 115BSection 250Section 68

Assessment Year: 2018-19 Jitendra Umarshi Ganatra…………….……..….…..………………….……Appellant 2201, Tridev Towers, Bhakti Marg, Mulund West-400080. [PAN:AACPG8936D] vs. Commissioner of Income Tax(Appeals), NFAC, Delhi...……………..…..Respondent Appearances by: Shri Prakash Iyer, appeared on behalf of the appellant. Shri SN Kabra, appeared on behalf of the Respondent. Date of concluding ... Sanjay Garg, Judicial Member: The present appeal has been preferred by the assessee against the order dated 18.08.2021 of the National Faceless Appeal Centre (NFAC) [hereinafter referred to as ‘CIT(A)’] passed u/s 250 of the Income Tax Act (hereinafter referred to as the ‘Act’). The assessee in this appeal

Shankar Packgings Ltd., Mumbai vs. NFAC, Delhi

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

ITA 316/MUM/2022[2018-19]Status: DisposedITAT Mumbai18 May 2022AY 2018-19

Bench: Shri Amit Shukla & Shri Amarjit Singhm/S Shankar Packagings Vs. National Faceless Appeal Limited , 303, Turf Centre, Delhi Estate, Shakti Mills New Delhi Lane,Off. Dr. E. Moses Road, Mahalaxmi (West) Mumbai – 400011 स्थायी लेखा सं./ जीआइआर सं./ Pan/Gir No: Aaacs8076P Appellant .. Respondent Appellant By : Apurva R. Shah Respondent By : C.T. Mathews Date Of Hearing 12.05.2022 Date Of Pronouncement 18.05.2022 आदेश / O R D E R Per Amarjit Singh (Am): The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A), Nfac, 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. 2018-19. The Assessee Has Assailed The Impugned Order On The Following Grounds Before Us: “1. In Not Adjudicating The Appellant'S Claim On Merits Of The Issue But Merely Holding That The Appellant Ought To Have Filed An Appeal Against The Intimation Issued Under Section 143(1) & Not Against The Order Rejecting The Proposal U/S. 154. 2. In Not Appreciating That By The Said Action The Nfac Has Therefore Approved An Incorrect Act Done Whilst Processing The Return Filed.

For Appellant: Apurva R. ShahFor Respondent: C.T. Mathews
Section 139(1)Section 143(1)Section 154Section 36(1)(va)Section 43B

316/Mum/2022 A.Y. 2018-19 1 M/s Shankar Packagings Limited Vs. NFAC, Delhi IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH, MUMBAI BEFORE SHRI AMIT SHUKLA, JUDICIAL MEMBER & SHRI AMARJIT SINGH, ACCOUNTANT MEMBER M/s Shankar Packagings Vs. National Faceless Appeal Limited , 303, Turf Centre, Delhi Estate, Shakti Mills New Delhi Lane ... Amarjit Singh (AM): The present appeal filed by the assessee is directed against the order passed by the ld. CIT(A), NFAC, 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. 2018-19. The assessee has assailed