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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

Jatin Grover, Gurgaon vs. ITO Ward 30(5), Delhi

Appeal is allowed for statistical purposes

ITA 5034/DEL/2025[2018-19]Status: DisposedITAT Delhi04 Dec 2025AY 2018-19

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalassessment Year: 2018-19 Sh. Jatin Grover, Vs. Income Tax Officer, Plot No. 924, Pace City-Ii, Ward-30(5), Sector-37, Gurgaon, Delhi Haryana Pan: Aixpg2111M (Appellant) (Respondent) Assessee By Sh. Rajeev Mogo, Ca Department By Ms. Amisha S. Gupta, Cit(Dr) Date Of Hearing 04.12.2025 Date Of Pronouncement 04.12.2025 Order Per Satbeer Singh Godara, Jm This Assessee’S Appeal For Assessment Year 2018-19, 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/250/2025-26/1077287823(1), Dated 20.06.2025 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 File Perused. 2. Learned Counsel Submits That On Account Of Communication Gaps At Various Levels, The Assessee Could Not Appear To Plead & Prove All The Relevant Facts In The Lower Appellate Proceedings & Therefore, Larger Interest Of Justice Would Be Met, In Case, The Matter May Be Restored Back To The Cit(A). The Revenue Vehemently Support The Learned Lower Authorities Action Making Addition(S) Herein On Merits. 3. Be That As It May, The Fact Remains That Possibility Of Some Communication Gaps At Various Levels In Such An Instance Could Not Be Altogether Ruled Out. It Is Therefore Deemed Appropriate In The Larger Interest Of Justice To Restore The Assessee’S Instant Appeal Back To The Cit(A) For His Afresh Appropriate Adjudication, Within Three Effective Opportunities Of Hearing At The Appellant’S Risk & Responsibility, In Consequential Proceedings. Ordered Accordingly. 4. This Assessee’S Appeal Is Allowed For Statistical Purposes. Order Pronounced In The Open Court On 4Th December, 2025

Section 147

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

Sri Sanjit Kumar Giri, Mayurbhanj vs. Income Tax Officer, Ward-1, Baripada

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

ITA 601/CTK/2025[2013-14]Status: DisposedITAT Cuttack03 Dec 2025AY 2013-14

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.601/Ctk/2025 ("नधा"रण वष" / Assessment Year : 2013-14) Sri Sanjit Kumar Giri, Hijili, Vs Income Tax Officer, Ward-1, Bangriposi, Dist: Mayurbhanj Baripada Pan No. : Bjypg 3736 K (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri Somnath Sahu, Adv राज"व क" ओर से /Revenue By : Shri Vijaya Singh, Ld Sr Dr सुनवाई क" तार"ख / Date Of Hearing : 3 /12/2025 : 3 /12/2025 घोषणा क" तार"ख/Date Of Pronouncement आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Dated 25.8.2025 Passed By Ld Cit(A). Nfac, In Appeal No.Nfac/2012-13/10128163 For The Assessment Year 2013-14. 2. Shri Somnath Sahu, Ld Ar Appeared For The Assessee & Shri Vijaya Singh, Ld Sr Dr Appeared For The Revenue. 3. It Was Submitted By Ld Ar That The Ld Cit(A) Has Dismissed The Appeal Of The Assessee Exparte. It Was The Submission That The Assessing Officer Has Passed The Order U/S.143(3)/147 Of The Act. It Was The Submission That The Matter Be Restored To The File Of The Ao For Adjudication Afresh As The Details Could Not Be Furnished Before The Ao.

For Appellant: Shri Somnath Sahu, ADVFor Respondent: Shri Vijaya Singh, ld Sr DR
Section 143(3)Section 69A

Bench : This is an appeal filed by the assessee against the order dated 25.8.2025 passed by ld CIT(A). NFAC, in Appeal No.NFAC/2012-13/10128163 for the assessment year 2013-14. 2. Shri Somnath Sahu, ld AR appeared for the assessee and Shri Vijaya Singh, ld Sr DR appeared