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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

Vaishali Umesh Naik, Mumbai vs. Income Tax Officer Ward 28(3)(1), Mumbai

In the result, the assessee’s appeal, is allowed for statistical purposes

ITA 3740/MUM/2025[2016-17]Status: DisposedITAT Mumbai31 Oct 2025AY 2016-17

Bench: Shri Narender Kumar Choudhryassessment Year: 2016-17 Vaishali Umesh Naik Income-Tax Officer, 1052, Diwale Koliwada, Nr Ward 28(3)(1), Mumbai Darga Post, Kokan Bhavan, Vs. Income-Tax Office, Vashi Sector 14, Railway Station Building, Navi Mumbai- 400614 Navi Mumbai- 400703 Pan: Aeapn4619L (Appellant) (Respondent) Present For: Assessee By : Shri Paras Savla Revenue By : Shri Nakul Agrawal, 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 21.03.2025, 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. 2016-17. 2. In The Instant Case, Agreement For Sale Of Property Under Consideration I.E. Flat No. 302, 3Rd Floor, Meridian Meadows, Navi Mumbai, Which Was Purchased On Total Consideration Of Rs. 85,00,000/- Showing Joint Ownership Of The Assessee & Her Husband, Was Registered With The Registration Authority On Dated 29.10.2015. The Assessing Officer (Ao) By Noticing The Facts & Examining The Bank Statement Of Assessee’S Husband Mr. Umesh

For Appellant: Shri Paras SavlaFor Respondent: Shri Nakul Agrawal, Ld. Sr.D.R
Section 148Section 250Section 69

Judicial Member: This appeal has been preferred by the Assessee against the order dated 21.03.2025, 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

Shashwat Foundation Trust, Mumbai vs. I.T.O Exem Ward 2(3), Mumbai

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

ITA 3553/MUM/2025[2020-21]Status: DisposedITAT Mumbai31 Oct 2025AY 2020-21

Bench: Shri Pawan Singh & Shri Girish Agrawalassessment Year: 2020-21 Shashwat Foundation Trust I.T.O. Exemption 253/C, Kelichi Chawl, Ward 2(3), Mumbai G. K. Marg, Lower Parel, Vs. Mumbai – 400013. (Pan: Aalts8825J) (Appellant) (Respondent) Present For: Assessee : Shri Shyamsunder Agrawal, Ca Revenue : Shri Pravin Salunkhe, Sr. Dr Date Of Hearing : 14.10.2025 Date Of Pronouncement : 31.10.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Ld. Cit(A), Delhi, Vide Order No. Itba/Nfac/S/250/2024-25/1074468829(1), Dated 13.03.2025 Passed Against The Assessment Order By Assistant Director Of Income Tax, Cpc, Bengaluru, U/S. 154 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 31.08.2023 For Assessment Year 2020-21. 2. Grounds Taken By The Assessee Are Reproduced As Under: Ground No. 1 In The Facts & Circumstances Of The Case & In Law, The Learned C.I.T. (Appeal) Has Erred In Dismissing The Appeal & Not Condoning The Delay In Filing The Appeal Without Appreciating The Fact That: The Appellant Is A Charitable Trust

For Appellant: Shri Shyamsunder Agrawal, CAFor Respondent: Shri Pravin Salunkhe, SR. DR
Section 12ASection 143Section 154Section 249(3)

IN THE INCOME TAX APPELLATE TRIBUNAL “H(SMC)” BENCH MUMBAI BEFORE SHRI PAWAN SINGH, JUDICIAL MEMBER AND SHRI GIRISH AGRAWAL