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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

ACIT-CC-7(3), Mumbai vs. Swikrutee Finance Private Limited, Mumbai

In the result, Appeal filed by the Revenue Department stands dismissed

ITA 610/MUM/2025[2014-15]Status: DisposedITAT Mumbai31 Oct 2025AY 2014-15

Bench: Shri Narender Kumar Choudhryshri Prabhash Shankarassessment Year: 2014-15 Acit-Cc-7(3) Swikrutee Finance Private Room No. 655, Floor 6Th, Limited Aayakar Bhavan, M.K.Road, Office No. Ii 289 Emca Vs. Mumbai- 400020 House, S B S Road, Mumbai 400001 Pan: Aaocs2723H (Appellant) (Respondent) Present For: Assessee By : Shri Vimal Punmiya Shri Anand Mundra Revenue By : Shri Leyaqat Ali Aafaqui, Ld. Sr.A.R. Date Of Hearing : 29.09.2025 Date Of Pronouncement : 31.10.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Revenue Against The Order Dated 24.06.2025, Impugned Herein, Passed By The National Faceless Appeal Center (Nfac)/ Ld. Commissioner Of Income Tax (Exemption) (In Short ‘Ld. Commissioner’) U/S 250 Of The Income Tax Act, 1961 (In Short ‘Act’) For The Assessment Year 2014-15. 2. In The Instant Case, The Assessee Is Registered As Non-Banking Financial Company (Nbfc) With Reserve Bank Of India & Engaged In The Financial Requirement Of Emerging Small & Medium Enterprises (Sme) Segment, Including Rendering An Advisory Services Relating To Financial Aspect.

For Appellant: Shri Vimal PunmiyaFor Respondent: Shri Leyaqat Ali Aafaqui, Ld. Sr.A.R
Section 143(3)Section 147Section 148Section 250

Judicial Member: This appeal has been preferred by the Revenue against the order dated 24.06.2025, impugned herein, passed by the National Faceless Appeal Center (NFAC)/ Ld. Commissioner of Income Tax (Exemption) (in short ‘Ld. Commissioner’) u/s 250 of the Income Tax Act, 1961 (in short ‘Act’) for the Assessment Year

Prakash Mahadev Gaikwad, Belapur vs. Commissioner of Income-Tax (Appeals), Delhi

In the result assessee appeal is allowed for statistical purposes

ITA 5209/MUM/2025[2014-15]Status: DisposedITAT Mumbai31 Oct 2025AY 2014-15

Bench: Shri Narender Kumar Choudhryassessment Year: 2014-15 Prakash Mahadev Gaikwad Commissioner Of 53, Royal Castle, Plot No. 75, Income-Tax (Appeals) Sector- 19/20 Palm Beach Commissioner Of Income Vs. Road, Belapur, Navi Mumbai Tax Appeal Mumbai 46, Pan: Adqpg0694P Ward 42(3)(1), Kautilya Bhavan, Mumbai, Ito 42(3)(1), Mumbai (Appellant) (Respondent) Present For: Assessee By : None Revenue By : Shri Praveen K. Srivastav, Ld. Sr.D.R. Date Of Hearing : 09.10.2025 Date Of Pronouncement : 31.10.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 26.06.2025, Impugned Herein, Passed By The National Faceless Appeal Center (Nfac)/ Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Cit(A)) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2014-15. 2. Admittedly In The Instant Case, The Ld. Commissioner In The Appeal Filed By The Assessee Against The Assessment Order Dated 27.12.2016 U/S 143(3) Of The Act, Whereby 3 Additions Of Rs. 51,14,040, Rs. 81,94,000/- & 1,44,998/- Were Respectively Made On Account Of Unexplained Investment U/S 69 Of The Act, Unexplained Cash Credit U/S 68 Of The Act & Disallowance On 2 Prakash Mahadev Gaikwad Account Of Interest Income Without Seeking Exemption U/S 80Tt Of The Act, Issued Various Notices To The Assessee, However, The Assessee Failed To Comply With The Same & Therefore In The Constrained Circumstance, The Ld. Commissioner Affirmed The Aforesaid Addition By Dismissing The Appeal Of The Assessee.

For Appellant: NoneFor Respondent: Shri Praveen K. Srivastav, Ld. Sr.D.R
Section 143(3)Section 250Section 68Section 69Section 80T

Judicial Member: This appeal has been preferred by the Assessee against the order dated 26.06.2025, impugned herein, passed by the National Faceless Appeal Center (NFAC)/ Ld. Commissioner of Income Tax (Appeals) (in short Ld. CIT(A)) u/s 250 of the Income Tax Act, 1961 (in short