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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

Shah Petroleum Products, Chembur vs. ACIT, Circle 27(3), Mumbai, Vashi

In the result, appeal filed by the Assessee stands allowed

ITA 4905/MUM/2025[2012-13]Status: DisposedITAT Mumbai06 Jan 2026AY 2012-13

Bench: Shri Narender Kumar Choudhry & Shri Prabhash Shankarassessment Year: 2012-13 Shah Petroleum Products, Acit, Circle 27(3), Bpcl Petrol Pump, Opp. Room No. 423, 4Th Floor, Shoppers Stop, Ghatkopar Vs. Tower No. 6, Vashi Railway Mahul Road, Chembur, Mumbai, Station Commercial Mumbai – 400089. Complex, Vashi, Pan – Aabfs2738Q Navi Mumbai – 400703. (Appellant) (Respondent) Present For: Assessee By : Shri Subodh Ratnaparkhi, Ld. A.R. Revenue By : Ms. Kavitha Kaushik, Sr. D.R. Date Of Hearing : 06.11.2025 Date Of Pronouncement : 06.01.2026 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 26.06.2025, Impugned Herein, Passed By The National Faceless Appeal Centre (Nfac)/Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2012-13. 2. In This Case, The Ao Had Received The Information Dated 19.03.2019 From The Ddit (Inv.) Unit – 5(4), Mumbai To The Effect That In A Survey Action Under Section 132 Of The Act Carried Out In The Case Of M/S. Evergreen Enterprise, Statement Of Mr. Nilesh Bharani, Being Partner Of Such Enterprises Recorded Under Section 132 (4) Of The Act, Wherefrom Undisclosed Activity Of Money 2 Shah Petroleum Products

For Appellant: Shri Subodh Ratnaparkhi, Ld. A.RFor Respondent: Ms. Kavitha Kaushik, SR. D.R
Section 132Section 147Section 148Section 250

Judicial Member: This appeal has been preferred by the Assessee against the order dated 26.06.2025, impugned herein, passed by the National Faceless Appeal Centre (NFAC)/Ld. Commissioner of Income Tax (Appeals) (in short Ld. Commissioner) u/s 250 of the Income Tax Act, 1961 (in short ... case of Parag Motilal Savla vs. ITO (Ward) - 27 (2) (5) (ITA No. 5220/M2023) decided on 29.04.2024 and Parag Motilal Savla vs. NFAC (Delhi) (ITA No. 4221/M/2023) decided on 06.01.2025 wherein by considering the judgment of the Hon’ble Co-ordinate Bench of the Tribunal in the case of Mayur