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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

Mohd. Alam Quershi, Moradabad vs. ITO Ward-1(1), Moradabad

In the result, the appeal of the assesse is allowed

ITA 3986/DEL/2025[2015-16]Status: DisposedITAT Delhi27 Nov 2025AY 2015-16

Bench: Shri Mahavir Singh & Shri Manish Agarwalmohd. Alam Quershi, Income Tax Officer, 0, Gol Kothi, Depduty Ganj, Ward-1(1), Moradabad-244001, Vs. Moradabad. Uttar Pradesh. Pan-Aadpq4002B (Appellant) (Respondent) Assessee By Shri Neeraj Jain, Ca & Shri P.K. Mishra, Ca Department By Shri Manish Gupta, Sr. Dr 19.11.2025 Date Of Hearing Date Of Pronouncement 19.11.2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A) In Short], Dated 17.02.2025 In Appeal No. Nfac/2014-15/10282979 Arising Out Of The Assessment Order Passed U/S 147 R.W.S. 144 Dated 19.05.2023 For Assessment Year 2015-16. 2. Brief Facts Of The Case Are That Case Of The Assessee Was Reopened On The Basis Of Information Received That There Were Larger Credits In The Bank Account Of The Assessee & There Is Mismatch In The Income Declared By The Assessee & Credits In The Bank Account & Accordingly, Notice U/S 148 Was Issued On 06.04.2021. Mohd. Alam Qureshi Vs. Ito Thereafter, In Terms Of The Order Of Hon’Ble Supreme Court In The Case Of Union Of India Vs. Ashish Agarwal & Ors. In Civil Appeal No. 3005/2002, The Said Notice Was Treated As Notice U/S 148A(2) Of The Act. After Passing The Order U/S 148A(D) Of The Act, A Fresh Notice U/S 148 Was Issued On 29.07.2022. In Response, The Assessee Filed The Return On 28.08.2022 Declaring Total Income Of Rs. 3,90,230/-. The Assessment Was Completed U/S 147 R.W.S. 144B At An Income Of Rs. 58,64,382/- By Making Addition Of Rs. 54,74,132/-.

Section 147Section 148Section 148ASection 148A(2)

MANISH AGARWAL, AM: This appeal is filed by the assessee against the order of Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [CIT(A) in short], dated 17.02.2025 in Appeal No. NFAC/2014-15/10282979 arising out of the assessment order passed u/s 147 r.w.s. 144 dated