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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

Escorts Heart and Super Specialty Hospital Ltd., New Delhi vs. Assistant Director of Income Tax, Bengaluru

In the result, the appeal of the assessee is allowed

ITA 858/DEL/2025[2019-20]Status: DisposedITAT Delhi19 Dec 2025AY 2019-20

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal[Assessment Year : 2019-20] Escorts Heart & Super Vs Asst. Dit Speicality Hospital Ltd., Cpc C/O-Escorts Heart & Super Income Tax Specialty Hospital Centra, Department Okhla Road, Delhi-110025. Bengaluru Pan-Aabce6721G Appellant Respondent Appellant By Shri R.M.Mehta, Ca Respondent By Shri Om Parkash, Sr.Dr Date Of Hearing 30.09.2025 Date Of Pronouncement 19.12.2025 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By Assessee Against The Order Dated 17.12.2024 By Ld. Commissioner Of Income Tax (A)/Addl/Jcit(A)- 1, Nashik [“Ld.Cit(A)”] In Appeal No. Nfac/2018-19/10019921 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Against The Intimation Order Dated 25.10.2020 Passed U/S 143(1) Of The Act Pertaining To Assessment Year 2019-20. 2. Brief Facts Of The Case Are That Assessee Filed Its Return Of Income On 15.06.2020, Declaring Total Income At Nil. The Return Was Processed By Cpc On 25.10.2020 Wherein Cpc Has Made Addition Of Inr 38,02,910/- On Account Of Amount Paid Towards Increase In Authorized Share Capital & Directly Debited In The Retained Earnings In The Order Passed U/S 143(1) Of The Act.

Section 143(1)Section 250

ITA No.858/Del/2025 IN THE INCOME TAX APPELLATE TRIBUNAL DELHI “C” BENCH: NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER