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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

Mr. Girish Kisandas Mehta, Pune vs. ITO Ward 9 (3), Pune

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

ITA 1259/PUN/2025[2018-19]Status: DisposedITAT Pune29 Dec 2025AY 2018-19

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1259/Pun/2025 िनधा"रण वष" / Assessment Year : 2018-19 Mr. Girish Kisandas Mehta, Vs. Ito, Ward-9(3), Pune. Mehta Niwas Bhairavnath Nagar, Kusgaon, Lonavala, Maval, Pune- 410401. Pan : Akepm3983A Appellant Respondent Assessee By : Shri Bhuvanesh Kankani Revenue By Smt. N. C. Shilpa : Date Of Hearing : 17.11.2025 Date Of Pronouncement : 29.12.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 17.03.2025 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2018-19. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & Circumstances Prevailing In The Case & As Per Provisions & Scheme Of The Income-Tax Act, 1961 ('The Act') It Be Held That The Assessment Proceedings Initiated U/S 147 Of The Act Are Invalid Since The Requisite Approval/Sanction U/S 151(Ii) Of The Act Is Not Taken. Accordingly, The Assessment Proceedings So Initiated Be Kindly Annulled & Appellant Be Granted Just & Proper Relief In This Respect.

For Appellant: Shri Bhuvanesh Kankani
Section 139Section 147Section 148Section 151Section 2(14)Section 80C

held that the addition of Rs. 58,00,000/- so made by Ld. AO and that upheld by Ld. CIT(A)-NFAC is incorrect and not according to the provisions of the Act. Accordingly, the additions so made by Ld. AO and that upheld by Ld. CIT(A)-NFAC ... held that the addition of Rs. 92,665/- so made by Ld. AO and that upheld by Ld. CIT(A)-NFAC is incorrect and not according to the provisions of the Act. Accordingly, the additions so made by Ld. AO and that upheld by Ld. CIT(A)-NFAC be kindly

Jamshed Alam, Kolkata vs. DCIT, Circle 32, Kolkata

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

ITA 2379/KOL/2025[2018-2019]Status: DisposedITAT Kolkata29 Dec 2025AY 2018-2019

Bench: Shri George Mathan & Shri Rakesh Mishraआयकर अपील सं/Ita No.2379/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2018-2019) Jamshed Alam, Vs Dcit, Circle-32, Kolkata 108, Park Street, Park Circus Kolkata, West Bengal-700017 Pan No. :Acupa 0330 M (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By Shri Sunil Surana, Ar रधजस्व की ओर से /Revenue By : Dr. Anup Biswas, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 29/12/2025 घोषणा की तारीख/Date Of Pronouncement : 29/12/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 10.10.2025 For The Assessment Year 2018-2019. 2. It Was Submitted By The Ld. Ar That The Appeal Of The Assessee Has Been Dismissed By The Ld.Cit(A) On Account Of Delay Of 66 Days. In This Regard, Ld. Ar Drew Our Attention To The Judgment Of The Hon’Ble Supreme Court In Miscellaneous Application No.21 Of 2022 In Suo Motu Writ Petition (C) No.3 Of 2020, Dated 10.01.2022, Wherein The Hon’Ble Supreme Court Has Directed To Exclude The Period Of Limitation For The Period As Mentioned In The Said Judgment On Account Of Covid-19. The Relevant Observations Of The Hon’Ble Supreme Court Are As Under :- 4. The Present Miscellaneous Application Has Been Filed By The Supreme Court Advocates-On-Record Association In The Context Of The Spread Of The New Variant Of The Covid-19 & The Drastic Surge In The Number Of Covid Cases Across The Country.

For Respondent: Dr. Anup Biswas, CIT-DR
Section 12ASection 138

Bench : This is an appeal filed by the assessee against the order of the ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi, dated 10.10.2025 for the assessment year 2018-2019. 2. It was submitted by the ld. AR that the appeal of the assessee has been dismissed