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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

Mohamad Salim Khan, Roorkee vs. CIT (A) & I.T.O Roorkee, Roorkee

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

ITA 267/DDN/2025[2017-18]Status: HeardITAT Dehradun09 Mar 2026AY 2017-18

Bench: Shri Mahavir Singh & Shri Manish Agarwal[Assessment Year : 2017-18] Mohamad Salim Khan Vs Union Of Pathanpura Roorkee, India/Cit(A)/Ito Dist.Haridwar-247663. Roorkee Pan-Adupk3527D Appellant Respondent Appellant By None Respondent By Ms.Poonam Sharma, Cit Dr Date Of Hearing 09.03.2026 Date Of Pronouncement 09.03.2026 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By Assessee Against The Order Dated 23.10.2025 Passed By Ld. Commissioner Of Income Tax (A), Nfac, Delhi [“Ld.Cit(A)”] U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Penalty Order Dated 09.05.2022 Passed U/S 271D Of The Act Pertaining To Assessment Year 2017-18. 2. At The Time Of Hearing, No One Attended The Proceedings On Behalf Of The Assessee. Therefore, The Appeal Is Adjudicated After Considering The Arguments Of Ld. Cit Dr & Material Available On Record. 3. Heard The Contention Of Ld. Cit Dr & Perused The Material Available On Record. The Penalty Is Levied U/S 271D Of The Act As The Assessee Has Received Cash Of The Sale Consideration From The Sale Of Immovable Properties From Various Persons As Tabulated In The Penalty Order. Before The Lower Authorities, It Was Claimed By The Assessee That Cash Was Received Advance Way Back In Fys 2006-07 To 2008-09 & Only Registration Of The Sale Deed Have Taken Place During The Year Under Appeal. For This, Copies Of Certain Sale Deeds Were Placed In The Paper Book Filed. After Perusing The Same, We Find That None Of The Deed Submitted Before Us, Is Registered Rather They Were Executed On Plain Papers & Were Not Even Singed By Either Of The Parties. Therefore, Their Authenticity Remained Unverified.

Section 250Section 271DSection 71D

MANISH AGARWAL, AM : The present appeal is filed by assessee against the order dated 23.10.2025 passed by Ld. Commissioner of Income Tax (A), NFAC, Delhi [“Ld.CIT(A)”] u/s 250 of the Income Tax Act, 1961 [“the Act”] arising out of penalty order dated 09.05.2022 passed u/s 271D