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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

Spectrum Talent Management, Delhi vs. Assistant Commissioner Circle 59(1), Delhi

The appeal is allowed partly with consequences to follow as per determination of grounds as above

ITA 4000/DEL/2025[2016-17]Status: DisposedITAT Delhi12 Nov 2025AY 2016-17

Bench: Shri M. Balaganesh & Shri Anubhav Sharmaassessment Year: 2016-17 Spectrum Talent Management, Vs Acit, B-46, Retreat Apartments, Circle 59(1), 20, Ip Extension, Delhi Delhi – 110 092. Pan: Abmfs3316G (Appellants) (Respondents) Assessee By : Shri A.K. Batra, Ca Revenue By : Shri Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing : 08.10.2025 Date Of Pronouncement : 12.11.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 24.04.2025 Of The Commissioner Of Income-Tax (Appeals), Nfac, Delhi (Hereinafter Referred As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeal No.Cit(A), Delhi-19/10265/2018-19 Arising Out Of The Appeal Before It Against The Order Dated 19.12.2018 Passed U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) By The Acit, Circle 59(1), Delhi (Hereinafter Referred To As The Ld. Ao).

For Appellant: Shri A.K. Batra, CAFor Respondent: Shri Rajesh Kumar Dhanesta, Sr. DR
Section 143(3)Section 36(1)(va)Section 44A

ORDER PER ANUBHAV SHARMA, JM: This appeal is preferred by the assessee against the order dated 24.04.2025 of the Commissioner of Income-tax (Appeals), NFAC, Delhi (hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’) in appeal No.CIT(A), Delhi-19/10265/2018-19 arising out of the appeal ... total expenditure amounting to Rs. 4,58,622/- (i.e. 10% of above total expenses Rs, 45,86,226/- disallowed. In appeal, the CIT(A), NFAC, Delhi has sustained the disallowance of travelling of ITAs No.4000/Del/2025 Rs. 1,80,245/- instead of Rs. 1,93,420/-. Further, sustained the disallowance

Ilam Singh Saini Proprietor of Shiv Engineering and Consultants, Noida vs. ITO Ward-5(1)(3), Noida

The appeal of the assessee is dismissed by the Ld

ITA 3823/DEL/2025[2012-13]Status: DisposedITAT Delhi12 Nov 2025AY 2012-13

Bench: Shri Sudhir Pareek & Shri Avdhesh Kumar Mishrailam Singh Saini Proprietor Of Income Tax Officer, Shiv Engineering & Ward-5(1) (3), Consultants, Vs. Noida. D-113, Sector-7, Noida-201301 Uttar Pradesh. Pan-Aoups4088L (Appellant) (Respondent) Assessee By Shri Manish Kumar Maurya, Adv. Department By Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing 12/11/2025 Date Of Pronouncement 12 /11/2025 O R D E R Per Sudhir Pareek, Jm: This Appeal Is Preferred By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [‘Ld. Cit(A) In Short] Dated 03.04.2024 Passed U/S 250(6) Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’) For Assessment Year 2012-13. 2. At The Outset, It Is Seen That The Appeal Of The Assessee Is Dismissed By The Ld. Cit(A) For Non-Prosecution. Before Us, The Ld. Ar Submitted That The Ld. Cit(A) Has Issued Notices Which Were Not Received & They Were Uploaded The Portal Of The Department, However, The Assessee Was Not Aware Of The Proceedings Nor Such Ilam Singh Saini Proprietor Of Shiv Engineering & Consultants Vs. Ito Notices Were Brought To His Knowledge By The Accountant Of The Assessee, Therefore, The Compliance Could Not Be Made Either Before The Ao Or Before The Cit(A). He Thus Prayed That The Matter May Be Sent Back To The File Of The Ao For Fresh Adjudication.

Section 250(6)

SUDHIR PAREEK, JM: This appeal is preferred by the Assessee against the order of Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi [‘Ld. CIT(A) in short] dated 03.04.2024 passed U/s 250(6) of the Income Tax Act, 1961 (hereinafter called ‘the Act’) for Assessment Year