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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

Anoop Dewani, New Delhi vs. Additional/Joint/Deputy/ACIT/ITO, National E-Assessment Centre, Delhi

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 4752/DEL/2025[2018-19]Status: DisposedITAT Delhi03 Nov 2025AY 2018-19

Bench: Shri S.Rifaur Rahman & Shri Vimal Kumaranoop Dewani, Vs. Addl./Joint/Depty/Acit, 92, Anupam Apartments, Nfac, Delhi. M.B. Road, Saket, New Delhi – 110 068. (Pan : Adupd8083H) (Appellant) (Respondent) Assessee By : None Revenue By : Shri Om Prakash, Sr. Dr Date Of Hearing : 03.11.2025 Date Of Order : 03.11.2025 O R D E R Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [“Ld. Cit(A)”, For Short] Dated 12.03.2025 For The Ay 2018-19. 2. None Appeared On Behalf Of The Assessee. We Proceeded To Adjudicate The Issue With The Assistance Of Ld. Dr Of The Revenue. 3. At The Time Of Hearing, It Is Observed From The Order Of Ld. Cit (A) That The Appeal Was Filed Before The Ld. Cit (A) On 14.08.2021 With A Delay Of 90 Days & That Too Without Any Plausible Explanation. Accordingly, Ld. Cit (A)

For Appellant: NoneFor Respondent: Shri Om Prakash, Sr. DR

BENCH ‘C’: NEW DELHI BEFORE SHRI S.RIFAUR RAHMAN, ACCOUNTANT MEMBER and SHRI VIMAL KUMAR, JUDICIAL MEMBER Anoop Dewani, vs. Addl./Joint/Depty/ACIT, 92, Anupam Apartments, NFAC, Delhi. M.B. Road, Saket, New Delhi – 110 068. (PAN : ADUPD8083H) (APPELLANT) (RESPONDENT) ASSESSEE BY : None REVENUE BY : Shri Om Prakash, Sr. DR Date of Hearing ... RAHMAN, ACCOUNTANT MEMBER : 1. The assessee has filed appeal against the order of the Learned Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre (NFAC), Delhi [“Ld. CIT(A)”, for short] dated 12.03.2025 for the AY 2018-19. 2. None appeared on behalf of the assessee. We proceeded to adjudicate

Dayaram, Faridabad vs. Income Tax Officer, Ward 1(1), Faridabad

Appeal is allowed for statistical purposes

ITA 1874/DEL/2025[2018-19]Status: DisposedITAT Delhi03 Nov 2025AY 2018-19

Bench: Shri Satbeer Singh Godara & Shri Naveen Chandraassessment Year: 2018-19 Vs. Income Tax Officer, Sh. Dayaram, H. No. 181, Vill.- Palwali Ward-1(1), Khedikalan, Near Sector Faridabad 88, Faridabad Pan: Bohpd2412K (Appellant) (Respondent) Assessee By Sh. D.C. Garg, Ca Department By Sh. Manish Gupta, Sr. Dr Date Of Hearing 03.11.2025 Date Of Pronouncement 03.11.2025 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/250/2024-25/1072763908(1), Dated 31.01.2025 Involving Proceedings Under Section 143(3) 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 Assessing Officer. 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 Assessing Officer 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 3Rd November, 2025

Section 143(3)

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