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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

Paras Ramlal Jaiswar, Mumbai vs. ITO Ward-42(1)(4), Mumbai

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

ITA 5935/MUM/2025[2018-19]Status: DisposedITAT Mumbai27 Nov 2025AY 2018-19

Bench: Justice (Retd.) Shri C.V. Bhadang & Shri Vikram Singh Yadavassessment Year : 2018-19 Paras Ramlal Jaiswar, Income Tax Officer, Flat No.4, Parijat Bldg, Ward-42(1)(4), Pandey Nagar, Raval Pada, Vs. Room No. 736, Dahisar East, Kautilya Bhavan, Maharashtra-400068. Bandra Kurla Complex, Pan : Afdpj3068H Mumbai-400051. (Appellant) (Respondent) For Assessee : Shri Devendra Jain For Revenue : Shri G.J. Ninawe, Sr.Dr Date Of Hearing : 27-11-2025 Date Of Pronouncement : 27-11-2025 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 14-05-2025, Pertaining To Assessment Year (Ay) 2018-19, Wherein The Assessee Has Taken The Following Grounds Of Appeal:

For Appellant: Shri Devendra JainFor Respondent: Shri G.J. Ninawe, Sr.DR
Section 56Section 56(2)(x)

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 14-05-2025, pertaining to Assessment Year (AY) 2018-19, wherein the assessee has taken the following grounds of appeal ... facts and circumstances of the case and in law, the Learned, Faceless Appeal Centre (NFAC), CIT (Appeals) has erred in confirming the addition under section 56(2)(x) treating difference between Purchase Consideration and Stamp Duty Value as income and making addition of Rs. 3,40,412/- to the total

Purav Mahendra Mehta, Mumbai vs. Circle 24(1), Mumbai

ITA 5539/MUM/2025[2015-16]Status: DisposedITAT Mumbai27 Nov 2025AY 2015-16

Bench: Shri Vikram Singh Yadav & Shri Raj Kumar Chauhanassessment Year : 2015-16 Purav Mahendra Mehta, Circle-24(1), 501/502, Piramal Chamber, Samrath Prasad Vs. Mumbai-400012. Lokhandwala Circle, Andheri (W), Mumbai-400053. Pan : Aalpm3127B (Appellant) (Respondent) For Assessee : Shri Rajesh S. Shah For Revenue : Shri Virabhadra Mahajan, Sr.Dr Date Of Hearing : 18-11-2025 Date Of Pronouncement : 27-11-2025 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 08-09-2024, Pertaining To Assessment Year (Ay) 2015-16. 2. Briefly Stated, Facts Of The Case Are That The Assessment In This Case Was Completed U/S. 143(3) Of The Income Tax Act, 1961 („The Act‟), Vide Order Dt. 21-12-2017, Wherein The Ao Has Brought To Tax Capital Gains Amounting To Rs. 80,76,511/- In Respect Of Three Properties Alleged To Have 2 Been Sold By The Assessee During The Financial Year Relevant To The Impugned Assessment Year. The Assessee Carried The Matter In Appeal Before The Ld.Cit(A). The Ld.Cit(A) Has Confirmed The Findings Of The Ao & Against The Said Order, The Assessee Is In Appeal Before Us.

For Appellant: Shri Rajesh S. ShahFor Respondent: Shri Virabhadra Mahajan, Sr.DR
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 08-09-2024, pertaining to Assessment Year (AY) 2015-16. 2. Briefly stated, facts of the case are that the assessment

Dhanshri Dilip Gangwani, Mumbai vs. ITO, Ward-31(2)(1), Mumbai

In the result, assessee’s appeal is allowed

ITA 5472/MUM/2025[2017-18]Status: DisposedITAT Mumbai27 Nov 2025AY 2017-18

Bench: Shri Narender Kumar Choudhryassessment Year: 2017-18 M/S. Dhanshri Dilip Income Tax Officer, Gangwani, Ward-31(2)(1), Plot No.14/114, Akshar Chsl, Kautilya Bhavan, Motilal Nagar No.1, Vs. Bandra Kurla Complex, Opp. Best Colony, Bandra (East), Goregaon (West), Mumbai - 400051 Mumbai – 400 104 Pan: Boopk8538J (Appellant) (Respondent) Present For: Assessee By : Shri Ketan Vajani, Ld. A.R. Revenue By : Shri Praveen K. Srivastav, Ld. Sr. D.R. Date Of Hearing : 17.11.2025 Date Of Pronouncement : 27.11.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 03.07.2025, Impugned Herein, Passed By The National Faceless Appeal Center (Nfac)/ Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2017-18. 2. At The Outset, It Is Observed That There Was Delay Of 210 Days In Filing 1St Appeal Before Ld. Commissioner Challenging The Assessment Order Dt. 24.04.2023 U/S 147 Read With 144(B) Of The Act, On Which The Assessee Though Claimed Before The Ld. Commissioner That Her Mother In Law Had Suffered Severe Health Issues & For That Reason She Remained Hospitalized For Long Time. Therefore, The Assessee Went To Her Native Place At Chindwara

For Appellant: Shri Ketan Vajani, Ld. A.RFor Respondent: Shri Praveen K. Srivastav, Ld. Sr. D.R
Section 147Section 250

Judicial Member: This appeal has been preferred by the Assessee against the order dated 03.07.2025, impugned herein, passed by the National Faceless Appeal Center (NFAC)/ Ld. Commissioner of Income Tax (Appeals) (in short Ld. Commissioner) u/s 250 of the Income Tax Act, 1961 (in short

Ravindra Kumar Vishwanath Yadav, Mumbai vs. ITO Ward 28(2)(1), Mumbai

In the result, the assessee’s appeal is allowed

ITA 4960/MUM/2025[2015-16]Status: DisposedITAT Mumbai27 Nov 2025AY 2015-16

Bench: Shri Narender Kumar Choudhryassessment Year: 2015-16 Mr. Ravindrakumar Vishwanath The Ito, Ward 28 (2)(1), Yadav, Tower 6, Vashi Railway Room No.1118, Samta Nagar Vs. Station Commercial Sector 1A, Airoli, Navi, Complex, Vashi, Mumbai – 400708 Navi Mumbai – 400703. Pan – Acbpy0748G. (Appellant) (Respondent) Present For: Assessee By : Shri Dharan Gandhi. Revenue By : Shri Sunil Mathews, Ld. Sr. D.R. Date Of Hearing : 13.11.2025 Date Of Pronouncement : 27.11.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 11.03.2024, Impugned Herein, Passed By The National Faceless Appeal Centre (Nfac)/Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2015-16. 2. In This Case, The Assessing Officer (A.O.) Vide Assessment Order 11.03.2024 U/S. 147 R.W.S. 144 R.W.S. 144 B Of The Act, Has Made The Addition Of Rs. 14,75,000/- Being Variation In Respect Of Unexplained Investment U/S. 69 Of The Act.

For Appellant: Shri Dharan GandhiFor Respondent: Shri Sunil Mathews, Ld. Sr. D.R
Section 147Section 148Section 149Section 149(1)(b)Section 250Section 3Section 69

Judicial Member: This appeal has been preferred by the Assessee against the order dated 11.03.2024, impugned herein, passed by the National Faceless Appeal Centre (NFAC)/Ld. Commissioner of Income Tax (Appeals) (in short Ld. Commissioner) u/s 250 of the Income Tax Act, 1961 (in short