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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

Kohinoor Cargo & Industrial Park Private Limited, Navi Mumbai vs. Deputy Commissioner of Income Tax, Aaykar Bhawan, Mumbai

In the result, the appeal of the assessee is dismissed

ITA 5076/MUM/2025[2013-14]Status: DisposedITAT Mumbai15 Dec 2025AY 2013-14

Bench: Shri Vikram Singh Yadav & Shri Anikesh Banerjeeassessment Year : 2013-14 Kohinoor Cargo & Industrial Deputy Commissioner Of Park Private Limited, Income Tax, 1107, Real Tech Park, Vs. Aayakar Bhavan, Sector-30A, Vashi, M.K. Marg, Navi Mumbai-400705. Mumbai-400020. [Pan: Aadck5163C] (Appellant) (Respondent) For Assessee : None For Revenue : Shri Hemanshu Joshi, Sr.Dr Date Of Hearing : 10-12-2025 Date Of Pronouncement : 15-12-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟], Dated 21-06-2025, Pertaining To Assessment Year (Ay) 2013-14. 2. None Appeared On Behalf Of The Assessee Nor Was Any Adjournment Application Filed. Further, It Is Noted That There Is A Defect In Filing The Present Appeal, Wherein The Appeal Form No.36 & Grounds Of Appeal Have Not Been Signed & Verified By The Assessee. In This Regard, It Is Noted That The Registry Has Issued A Defect Notice On 02-09-2025 & The Assessee Was Advised To Rectify The Defect Within Ten Days From The Receipt Of The Notice. However, There Was No Compliance To The Notice & The Matter Was Listed For Hearing On 09-10-2025 & There Again, It Is Noted

For Appellant: NONEFor Respondent: Shri Hemanshu Joshi, Sr.DR

This is an appeal filed by the assessee against the order of the Learned Commissioner of Income Tax (Appeals)-National Faceless Appeal Centre (NFAC), Delhi [„Ld.CIT(A)‟], dated 21-06-2025, pertaining to Assessment Year (AY) 2013-14. 2. None appeared on behalf of the assessee nor was any adjournment

Sunder Singh, Gohana vs. ITO, Ward - 4, Sonipat

In the result, impugned order is set aside and appeal of the assessee is allowed for statistical purpose

ITA 7020/DEL/2025[2017-18]Status: DisposedITAT Delhi15 Dec 2025AY 2017-18

Bench: Shri Vikas Awasthyआअसं.7020/धिल्ली/2025 (नि.व. 2017-18) Sunder Singh, S/O Jai Pal, Vpo Khandrai, Tehsil Gohana, Distt. Sonipat, Haryana 131301 ...... अपीलार्थी/Appellant Pan: Benps-8749-L बिाम Vs. Income Tax Officer, Ward -4, ..... प्रनिवादी/Respondent Sonipat, Haryana 131301 अपीलार्थी द्वारा/Appellant By : Shri Naveen Gupta, Advocate प्रधििािीद्वारा/Respondent By : Shri Manoj Kumar, Sr. Dr सुिवाई की निथर्थ/ Date Of Hearing : 15/12/2025 घोषणा की निथर्थ/ Date Of Pronouncement : 15/12/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (Hereinafter Referred To As ‘The Cit (A)’) Dated 01.09.2025, For The Assessment Year 2017-18. 2. The Ld. Counsel For The Assessee Submitted That The Assessing Officer (Ao) Issued The Notice U/S.142(1) Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’) On 30.12.2019 Granting Time To The Assessee To Furnish Reply By 10:00 A.M. On 31.12.2019. It Was Contended That Although Very Short Time Was Granted By The Ao, Still The Assessee Attempted To Comply With Directions Of The Ao & Tried To Upload The Submissions On The Official Portal Of The Department. However

For Appellant: Shri Naveen Gupta, AdvocateFor Respondent: Shri Manoj Kumar, Sr. DR
Section 142(1)Section 69A

VIKAS AWASTHY, JM: This appeal by the assessee is directed against the order of Commissioner of Income-tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (hereinafter referred to as ‘the CIT (A)’) dated 01.09.2025, for the Assessment Year 2017-18. 2. The ld. Counsel for the assessee submitted that