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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

Amar Nath, Sonipat vs. Income Tax Officer, Sonipat

Appeal is allowed for statistical

ITA 5768/DEL/2025[2012-13]Status: DisposedITAT Delhi29 Oct 2025AY 2012-13

Bench: Shri Satbeer Singh Godaraassessment Year: 2012-13 Vs. Income Tax Officer, Sh. Amar Nath, Omaxe City, Sonipat Sonipat Pan: Aiupa9685P (Appellant) (Respondent) Assessee By None Department By Sh. Manoj Kumar, Sr. Dr Date Of Hearing 29.10.2025 Date Of Pronouncement 29.10.2025 Order This Assessee’S Appeal For Assessment Year 2012-13, 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/250/2025-26/1078494149(1), Dated 15.07.2025 Involving Proceedings Under Section 147 R.W.S. 254 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’). Case Called Twice. None Appears At The Assessee’S Behest. He Is Accordingly Proceeded Ex-Parte. 2. It Emerges At The Outset During The Course Of Hearing That The Learned Cit(A)/Nfac In Its Order Has Proceeded Ex-Parte Against The Assessee Thereby Affirming The Assessing Officer’S Action Making The Corresponding Disallowance/Addition Herein. 3. The Revenue Argues During The Course Of Hearing In Support Of Cit(A)’S Finding That The Assessee Had Not Filed Any Explanation Or Evidence Supporting It’S Case. 4. I Have Given My Thoughtful Consideration To The Foregoing Rival Stands & Is Of The Considered View That Since The Cit(A) Has Proceeded Ex-Parte Against The Assessee, Possibility Of Some Communication Gaps Between The Taxpayer & The Arguing Counsel Involving The Newly Introduced System Of Faceless Hearings, Could Not Be Altogether Ruled Out. 5. Faced With This Situation, In The Larger Interest Of Justice, I Deem It Appropriate To Restore The Assessee’S Instant Appeal Back To The Cit(A)/Nfac For It’S Afresh Appropriate Adjudication, Within Three Effective Opportunities Subject To A Rider That The Taxpayer Shall Plead & Prove The Case At His Own Risk & Responsibility, In Consequential Proceedings. Ordered Accordingly.

Section 147

IN THE INCOME TAX APPELLATE TRIBUNAL, DELHI BENCH: “SMC” NEW DELHI BEFORE SHRI SATBEER SINGH GODARA, JUDICIAL MEMBER Assessment Year

Iqbal Haseeb, Moradabad vs. ITO Ward-2(1), Moradabad

The appeal is allowed for statistical purposes

ITA 4047/DEL/2025[2022-23]Status: DisposedITAT Delhi29 Oct 2025AY 2022-23

Bench: Shri Anubhav Sharma & Shri Naveen Chandraassessment Year: 2022-23 Mr. Iqbal Haseeb, Vs Ito, Prop. M/S Ih Exports Inc., Ward 2(1), 73/G 16 Tar Wali Kothi, Moradabad (Up). Peerzada Road, Katghar, Moradabad – 244 001, Uttar Pradesh. Pan: Abiph2264E (Appellants) (Respondents) Assessee By : Shri Mayank Patwari & Shri Akash Ojha, Advocates Revenue By : Shri Mahesh Kumar, Cit-Dr Date Of Hearing : 07.10.2025 Date Of Pronouncement : 29.10.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 21.04.2025 Of The Commissioner Of Income-Tax (Appeals), Nfac, Delhi (Hereinafter Referred As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeal No.Nfac/2021-22/10414497 Arising Out Of The Appeal Before It Against The Order Dated 27.02.2024 Passed U/S 144 R.W.S. 144B Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) By The Ito, Ward 2(1), Moradabad (Hereinafter Referred To As The Ld. Ao).

For Appellant: Shri Mayank Patwari &For Respondent: Shri Mahesh Kumar, CIT-DR
Section 144

ORDER PER ANUBHAV SHARMA, JM: This appeal is preferred by the assessee against the order dated 21.04.2025 of the Commissioner of Income-tax (Appeals), NFAC, Delhi (hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’) in appeal No.NFAC/2021-22/10414497 arising out of the appeal before it against ... payments made to non-GST entities and there was certain mismatch. As before the ld.CIT(A) also the assessee failed to appear, the NFAC entering into the merits, has dismissed the appeal on the basis that not even a single document is filed to substantiate the claim made

Shri Bijender Singh, Delhi vs. ACIT, Central Circle-26, Delhi

The appeal is allowed for statistical purposes

ITA 4011/DEL/2025[2013-14]Status: DisposedITAT Delhi29 Oct 2025AY 2013-14

Bench: Shri Anubhav Sharma & Shri Naveen Chandraassessment Year: 2013-14 Shri Bijender Singh, Vs Ito, 7/51, Punjabi Bagh, Ward 2(1), West Delhi, Moradabad (Up). Delhi – 110 026. Pan: Agcps0787N (Appellants) (Respondents) Assessee By : Shri Ankit Kumar, Advocate Revenue By : Shri Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing : 09.10.2025 Date Of Pronouncement : 29.10.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 24.03.2025 Of The Commissioner Of Income-Tax (Appeals)-29, New Delhi (Hereinafter Referred As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeal No.Cit(A), Delhi-29, 10163/2012-13 Arising Out Of The Appeal Before It Against The Order Dated 25.03.2022 Passed U/S 147 Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) By The Acit, Central Circle-26, New Delhi (Hereinafter Referred To As The Ld. Ao). 2. At The Time Of Hearing, The Ld. Counsel For The Assessee Pointed Out About The Delay In Filing The Appeal For Which An Application For Condonation Of The Delay Has Been Filed. The Ld. Counsel Has Submitted That The Authorized Representative Of The Assessee Had Inadvertently Not Noticed The Uploaded Impugned Order On The Portal. The Affidavit Of The Chartered Accountant Of The Appellant Is Enclosed Along With The Application. Considering The Responsibility Taken By The Counsel For Which The Assessee Should Not Suffer & Also Considering That The Delay Of 20 Days Is Not Of Any Substantial Period, The Delay Is Condoned & The Appeal Is Admitted For Hearing.

For Appellant: Shri Ankit Kumar, AdvocateFor Respondent: Shri Rajesh Kumar Dhanesta, Sr. DR
Section 147

However, the order records that no submissions were filed online. As we go through the impugned order, we find that in para 4, the NFAC mentions of the notices issued and that no submissions were filed and, accordingly, the appeal was decided on merits. As a matter of fact

Kanvar Corporation, Delhi vs. DCIT, Circle-50(1), Delhi

The appeal is allowed for statistical purposes

ITA 1683/DEL/2025[2017-18]Status: DisposedITAT Delhi29 Oct 2025AY 2017-18

Bench: Shri Anubhav Sharma & Shri Naveen Chandraassessment Year: 2017-18 Kanvar Corporation, Vs Dcit, A-26, Basement & Ground Circle-50(1), Floor, New Delhi. Naraina Industrial Area, New Delhi – 110 028. Pan: Aalfk6427E (Appellants) (Respondents) Assessee By : None Revenue By : Shri Sushil Kumar Kulheri, Sr. Dr Date Of Hearing : 01.10.2025 Date Of Pronouncement : 29.10.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 06.02.2025 Of The Commissioner Of Income-Tax (Appeals), Nfac, Delhi (Hereinafter Referred As Ld. First Appellate Authority Or In Short Ld. ‘Faa’) In Appeal No.Nfac/2016-17/10066962 Arising Out Of The Appeal Before It Against The Order Dated 21.12.2021 Passed U/S 270A Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) By The Ao, Nafac (Hereinafter Referred To As The Ld. Ao).

For Appellant: NoneFor Respondent: Shri Sushil Kumar Kulheri, Sr. DR
Section 270A

ORDER PER ANUBHAV SHARMA, JM: This appeal is preferred by the assessee against the order dated 06.02.2025 of the Commissioner of Income-tax (Appeals), NFAC, Delhi (hereinafter referred as Ld. First Appellate Authority or in short Ld. ‘FAA’) in appeal No.NFAC/2016-17/10066962 arising out of the appeal before it against ... wherein it was observed that the assessee had failed to appear for five years in the tax proceedings. However, there is no findings of NFAC on merits to show that the issues giving rise to levy of penalty u/s 270A were examined in the context of nature of disallowance

Sanjay Jain, Noida vs. ITO, Ward-3(3), Noida

The appeal of the assessee is allowed and the impugned penalty order dated 27

ITA 5867/DEL/2024[2011-12]Status: DisposedITAT Delhi29 Oct 2025AY 2011-12

Bench: Shri Anubhav Sharma & Shri Naveen Chandraassessment Year: 2011-12 Sanjay Jain, Vs Ito, D-386, Sector-10, Ward-3(3), Noida, Noida. Uttar Pradesh – 201 301. Pan: Adgpj0804Q (Appellants) (Respondents) Assessee By : Shri Shantanu Jain & Shri Jahanvi Khanna, Advocates Revenue By : Shri Sushil Kumar Kulheri, Sr. Dr Date Of Hearing : 30.09.2025 Date Of Pronouncement : 29.10.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 27.09.2021 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 (Appeals), Ghaziabad/10264/2019-20 Arising Out Of The Appeal Before It Against The Order Dated 27.06.2019 Passed U/S 271(1)(C) Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) By The Ito, Ward-3(3), Noida (Hereinafter Referred To As The Ld. Ao). 2. On Hearing Both The Sides, We Find That By Way Of The Impugned Order, The Penalty Imposed U/S 271(1)(C) Of The Act Was Challenged, But, The Subsequent Developments Are That By Order Dated 30.12.2024 The Assessee’S Quantum Appeal Was Allowed By The Cit(A) & The Matter Was Sent Back To The Ao For Making A Fresh Assessment Of Income Of The Appellant And, Thereupon By Order Dated 29.09.2025, In The Set Aside Proceedings, No Addition Has Been Made.

For Appellant: Shri Shantanu Jain &For Respondent: Shri Sushil Kumar Kulheri, Sr. DR
Section 271(1)(c)

ORDER PER ANUBHAV SHARMA, JM: This appeal is preferred by the assessee against the order dated 27.09.2021 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 (Appeals), GHAZIABAD/10264/2019-20 arising out of the appeal before