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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

Muse Farms Pvt Ltd, Delhi vs. Assessment Unit Income Tax Department, Delhi

Appeal of the assessee are allowed

ITA 4082/DEL/2025[2015-16]Status: DisposedITAT Delhi24 Dec 2025AY 2015-16

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalassessment Year: 2015-16 M/S. Muse Farms Pvt. Ltd., Vs. Assessment Unit (Itd), B-2/201 Basement, Delhi Safdarjung Enclave, New Delhi Pan: Aahcm1513E (Appellant) (Respondent) Assessee By Sh. Sanjeev Khurana, Ca Department By Sh. Manish Gupta, Sr. Dr Date Of Hearing 24.12.2025 Date Of Pronouncement 24.12.2025 Order Per Satbeer Singh Godara, Jm This Assessee’S Appeal For Assessment Year 2015-16, Arises Against The Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre [In Short, The “Cit(A)/Nfac”], Delhi’S Din & Order No. Itba/Nfac/S/250/2025-26/1076003088(1), Dated 02.05.2025 Involving Proceedings Under Section 147 R.W.S. 144 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’). Heard Both The Parties. Case Files Perused. 2. We Notice During The Course Of Hearing That There Arises The First & Foremost Issue Of Validity Of The Impugned Reopening Itself Set Into Motion By The Learned Assessing Officer Vide Section 148 Notice Issued On 27.07.2022. This Is For The Precise Reason That The Department Already Appears To Have Conceded The Very Issue Of Limitation Aspect In Union Of India Vs Rajiv Bansal (2024) 469 Itr 46 (Sc) That The Provision Of Taxation & Other Laws [Relaxation & Amendment Of Certain Provisions] Act, 2020 “Tola” Would Not Apply For Assessment Year 2013-14 Herein. It Further Emerges That The Very Issue Between The Parties Is No More Res Integra In Light Of The Tribunal’S Recent Learned Coordinate Bench’S Order Dated 23.07.2025 Passed In Ita No. 2307/Del/2025 (Sh. Deepak Agarwal Vs. Dcit) Having Quashed A Similar Reopening Therein, Reading As Under:

Section 147Section 148

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: ‘G’ NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER AND SHRI