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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

Shri Powai Sthanakvasi Jain Sangh Trust (Publice Charitable Trust), Mumbai vs. Income Tax Officer Ward 41(1)(4), Mumbai

In the result, grounds raised by the assessee in this respect are allowed

ITA 3187/MUM/2025[2018-19]Status: DisposedITAT Mumbai29 Oct 2025AY 2018-19

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2018-19 Shri Powai Sthanakvasi Jain Vs Income-Tax Officer, Sangh Trust Ward 41(1)(4), (Public Charitable Trust) Mumbai Flat No. 104, Atlantis A Wing Hiranandani Gardens Powai, Mumbai - 400076 [Pan: Aatts2580C] Appellant Respondent Present For: Assessee : Shri Kirit Sanghvi, Ca Revenue : Mr. Virabhadra S. Mahajan, Sr. Dr Date Of Hearing : 04.08.2025 Date Of Pronouncement : 29.10.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Cit(A), National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/250/2024-25/1074570665(1), Dated 17.03.2025 Passed Against The Assessment Order By National Faceless Assessment Centre, Delhi U/S.143(3) R.W.S. 144B Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 31.06.2021 For Ay 2018-19. 2. The Only Issue Involved In The Present Appeal Is In Respect Of Treatment Of Corpus Fund Donation Of Rs.1,74,01,475/- Received By The 2 Shri Powai Sthanakvasi Jain Sangh Trust Ay 2018-19 Assessee During The Year As Income Chargeable To Tax Without Considering The Provisions Of Section 11(1)(D) Of The Act.

For Appellant: Shri Kirit Sanghvi, CAFor Respondent: Mr. Virabhadra S. Mahajan, Sr. DR
Section 11(1)(d)Section 12ASection 143(3)Section 80G

GIRISH AGRAWAL, ACCOUNTANT MEMBER: This appeal filed by the assessee is against the order of CIT(A), National Faceless Appeal Centre (NFAC), Delhi vide order no. ITBA/NFAC/S/250/2024-25/1074570665(1), dated 17.03.2025 passed against the assessment order by National Faceless Assessment Centre, Delhi u/s.143(3) r.w.s. 144B of the Income

Bombay Tyres, Mumbai vs. Income Tax Officer -15(1)(1), Mumbai

In the result, appeal of the assessee is allowed

ITA 2393/MUM/2025[2017-18]Status: DisposedITAT Mumbai29 Oct 2025AY 2017-18

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year: 2017-18 Bombay Tyres Vs Income-Tax Officer, 23, Arenja Corner, -15(1)(1), Sector-17, Vashi, Mumbai Navi Mumbai – 400703 [Pan: Aagcb1604E] Appellant Respondent Present For: Assessee : Shri Tanzil Padvekar & Shri Gopal Sharma, Advocates Revenue : Shri Leyaqat Ali Aafaqui, Sr. Dr Date Of Hearing : 06.08.2025 Date Of Pronouncement : 29.10.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Cit(A), National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/250/2023-24/1057354062(1), Dated 26.10.2023 Passed Against The Assessment Order By National Faceless Assessment Centre, Delhi U/S.144 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 28.06.2019 For Ay 2017-18. 2. Grounds Taken By The Assessee Are Reproduced As Under: 1. Considering The Facts & Circumstances Of The Case & In Law, The National Faceless Appeal Centre (Nfac) Has Erred In Confirming The Order U/S. 144 R.W.S. 144A Dated 28Th June, 2019 Passed By The Assessing Officer Without Appreciating The Merits Of The Case.

For Appellant: Shri Tanzil Padvekar and Shri Gopal Sharma, AdvocatesFor Respondent: Shri Leyaqat Ali Aafaqui, Sr. DR
Section 144Section 250Section 44ASection 69A

GIRISH AGRAWAL, ACCOUNTANT MEMBER: This appeal filed by the assessee is against the order of CIT(A), National Faceless Appeal Centre (NFAC), Delhi vide order no. ITBA/NFAC/S/250/2023-24/1057354062(1), dated 26.10.2023 passed against the assessment order by National Faceless Assessment Centre, Delhi u/s.144 of the Income-tax Act, 1961 (hereinafter referred ... assessee are reproduced as under: 1. Considering the facts and circumstances of the case and in Law, the National Faceless Appeal Centre (NFAC) has erred in confirming the Order u/s. 144 r.w.s. 144A dated 28th June, 2019 passed by the Assessing Officer without appreciating the merits of the case