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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

Dosjibhai Chellabhai Patel, Mumbai vs. Commissioner of Income-Tax (Appeals), Delhi

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

ITA 6517/MUM/2025[2018-19]Status: DisposedITAT Mumbai10 Dec 2025AY 2018-19

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri Vikram Singh Yadavassessment Year : 2018-19 Dosjibhai Chellabhai Patel, Commissioner Of Income Tax 2/201, Surbhi Apartment, (Appeals), Dafatry Road, Vs. Nfac, Delhi Malad East, Mumbai-400097. Pan : Aadpp5454C (Appellant) (Respondent) For Assessee : Ms. Mansi Joshi For Revenue : Ms. Nidhi Agarwal, Sr.Dr (Virtually Present) Date Of Hearing : 04-12-2025 Date Of Pronouncement : 10-12-2025 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 30-07-2025, Pertaining To Assessment Year (Ay) 2018-19. 2. At The Outset, It Is Noted That There Is A Delay Of 11 Days In Filing The Appeal As Pointed Out By The Registry. After Hearing Both The Parties & Perusing The Material Placed On Record, We Find That There Was Reasonable Cause For The Delay In Filing The Present Appeal & Hence, The Delay Is Hereby Condoned & Appeal Is Admitted For Adjudication.

For Appellant: Ms. Mansi JoshiFor Respondent: Ms. Nidhi Agarwal, Sr.DR
Section 143(2)Section 144Section 50C

SHRI VIKRAM SINGH YADAV, ACCOUNTANT MEMBER Assessment Year : 2018-19 Dosjibhai Chellabhai Patel, Commissioner of Income Tax 2/201, Surbhi Apartment, (Appeals), Dafatry Road, vs. NFAC, Delhi Malad East, Mumbai-400097. PAN : AADPP5454C (Appellant) (Respondent) For Assessee : Ms. Mansi Joshi For Revenue : Ms. Nidhi Agarwal, Sr.DR (virtually present) Date of Hearing ... 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 30-07-2025, pertaining to Assessment Year (AY) 2018-19. 2. At the outset, it is noted that there is a delay

Radheshyam Shyamlal Gupta, Mumbai vs. Income Tax Officer, WD-11(2)(2), Mumbai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 6103/MUM/2025[2012-13]Status: DisposedITAT Mumbai10 Dec 2025AY 2012-13

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri Vikram Singh Yadavassessment Year : 2012-13 Radheshyam Shyamlal Gupta, Income Tax Officer, 5Th Floor, Ward-11(2)(2), Anuradha Satyamurty Residency Vs. Aayakar Bhavan, Plot No.16, N.S. Road No.11, M.K.Road, Jvpd Scheme, Juhu, Mumbai-400020. Mumbai-400049. Pan : Aabpg4019L (Appellant) (Respondent) For Assessee : Shri Jay Thakkar For Revenue : Shri Brajendra Kumar Date Of Hearing : 02-12-2025 Date Of Pronouncement : 10-12-2025 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 04-07-2025, Pertaining To Assessment Year (Ay) 2012-13. 2. Briefly Stated, Facts Of The Case Are That Assessment In This Case Was Completed U/S. 143(3) R.W.S. 147 Of The Income Tax Act, 1961 („The Act‟), Wherein The Ao Has Determined The Long Term Capital Gain At Rs. 37,21,230/-, Being The 50% Share Of The Assessee In Respect Of Transfer Of 2 Property, Namely, Flat No. 2A & 2B, Anuradha Satyamurty Residency, Plot No.16, 11Th Road, Juhu, Vile Parle (West), Mumbai, Which The Assessee Has Sold Jointly With His Wife, Mrs. Shubhadra R. Gupta. The Assessee Thereafter Carried The Matter In Appeal Before The Ld.Cit(A), Who Has Since Sustained The Order Of The Ao & Dismissed The Appeal Filed By The Assessee On Account Of Delay. Against The Said Order, The Assessee Is In Appeal Before Us.

For Appellant: Shri Jay ThakkarFor Respondent: Shri Brajendra Kumar
Section 143(3)

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 04-07-2025, pertaining to Assessment Year (AY) 2012-13. 2. Briefly stated, facts of the case are that assessment in this

Rajesh Mohan Singh Hajari, Mumbai vs. ITO Ward 16(3)(1), Mumbai

In the result, ground No. 3 of assessee‟s appeal is allowed

ITA 5157/MUM/2025[2014-15]Status: DisposedITAT Mumbai10 Dec 2025AY 2014-15

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri Vikram Singh Yadavassessment Year : 2014-15 Rajesh Mohan Singh Hajari, Income Tax Officer, Type 4 B/293, Ward-16(3)(1), Dr. Bam Hosp., Vs. Aayakar Bhavan, Byculla, Mumbai-400020. Mumbai-400030. Pan : Aazph4367E (Appellant) (Respondent) For Assessee : Shri Shailesh Bandi For Revenue : Shri Kavan N. Limbasiya, Sr.Dr Date Of Hearing : 03-12-2025 Date Of Pronouncement : 10-12-2025 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 21-07-2025, Pertaining To Assessment Year (Ay) 2014-15, Wherein The Assessee Has Taken The Following Grounds Of Appeal: “1. On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Grossly Erred In Confirming The Action Of The Ao Of Reopening The Case Under Section 148 Of The It Act, 1961. 2. On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Grossly Erred In Confirming The Action Of The Ao, The Reassessment Order

For Appellant: Shri Shailesh BandiFor Respondent: Shri Kavan N. Limbasiya, Sr.DR
Section 142(1)Section 143(3)Section 147Section 148

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 21-07-2025, pertaining to Assessment Year (AY) 2014-15, wherein the assessee has taken the following grounds of appeal