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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

Suresh Kumar Chawla, Kanta Khaturia Colony vs. ITO Ward 1(2), Income Tax Office

In the result, appeal of the assessee is dismissed

ITA 1101/DEL/2025[2020-21]Status: DisposedITAT Delhi30 Dec 2025AY 2020-21

Bench: Shri Mahavir Singh & Shri Manish Agarwalsuresh Kumar Chawla, Income Tax Officer, Kanta Khaturia Colony, Ward-1(2), B-43, Rajsthan-334001. Vs. Rajasthan. Pan-Adppc6555J (Appellant) (Respondent) Assessee By None Department By Shri Ajay Kumar Arora, Sr. Dr Date Of Hearing 19.12.2025 Date Of Pronouncement 30.12.2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi, (‘The Cit(A)’ In Short) Dated 30.01.2025 Passed U/S 250 Of The Income Tax Act, 1961 In Appeal No. Nfac/2019-20/10171438 Against The Order Passed U/S 143(3) R.W.S 144B Of The Act Dated 16.09.2022 For Assessment Year 2020-21. 2. Heard The Ld. Sr. Dr & Perused The Materials Available On Record. It Is Prayed By The Assessee That Inadvertently Two Appeals Were Filed, One At The Original Jurisdiction Of The Assessee At Jodhpur Wherein The Appeal Filed By The Assessee Was Registered As Ita No.414/Jodh/2025 (A.Y.2020-21) & Due To Technical Error, The Other Appeal Is Filed Before The Delhi Benches Which Is Present Appeal Before Us. It Is Requested By The Assessee That The Appeal Be Transferred To Jodhpur Bench, Suresh Kumar Chawala Vs. Ito However, Looking To The Facts That The Correct Appeal Has Already Been Listed Before The Jodhpur Bench, Therefore, The Present Appeal Being Duplicate & Hereby Dismissed. The Assessee Is Directed To Pursue To Original Appeal Filed Before The Jodhpur Bench For The Captioned Assessment Year.

Section 143(3)Section 250

IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘E’: NEW DELHI BEFORE SHRI MAHAVIR SINGH, VICE PRESIDENT AND SHRI MANISH