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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

Upendra Singh Gour, Rajghat Colony, Lalitpur vs. Commissioner of Income Tax(Appeal), Income Tax Department

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

ITA 353/AGR/2025[2015-16]Status: DisposedITAT Agra28 Oct 2025AY 2015-16

Bench: Shri S.Rifaur Rahman & Shri Sunil Kumar Singhupendra Singh Gour, Vs. Ito, Ward 2(3)(4), A 4/26, Rajghat Colony, Lalitpur – 284 403 (Uttar Pradesh). (Pan : Bgjpg3206J) (Appellant) (Respondent) Assessee By : None Revenue By : Shri Shailendra Srivastava, Sr. Dr Date Of Hearing : 14.10.2025 Date Of Order : 28.10.2025 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 24.07.2024 For The Assessment Year 2015-16. 2. None Appeared On Behalf Of The Assessee. We Are Proceeding To Decide The Appeal With The Assistance Of The Ld. Dr Of The Revenue. 3. At The Time Of Hearing, It Was Observed That There Was A Delay Of 113 Days In Filing The Appeal Before The Ld. Cit (A) & The Ld. Cit (A) Dismissed

For Appellant: NoneFor Respondent: Shri Shailendra Srivastava, Sr. DR

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 24.07.2024 for the Assessment Year 2015-16. 2. None appeared on behalf of the assessee. We are proceeding

Chelaram Balwani, Rathi Building Ke Pass vs. Commissioner of Income Tax (Appeals), Delhi

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

ITA 194/AGR/2025[2013-14]Status: DisposedITAT Agra28 Oct 2025AY 2013-14

Bench: Shri S.Rifaur Rahman & Shri Sunil Kumar Singhshri Chelaram Balwani, Vs. Ito, Ward 1 (3), Rathi Building Ke Pass, Gwalior. Ward No.8, Ajay Pal Ki Gali, Datia, Gwalior – 475 661 (Madhya Pradesh). (Pan : Aynpb7221P) (Appellant) (Respondent) Assessee By : Shri Alok Dhingra, Advocate Revenue By : Shri Shailendra Srivastava, Sr. Dr Date Of Hearing : 14.10.2025 Date Of Order : 16.10.2025 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 10.01.2024 For The Assessment Year 2013-14. 2. At The Time Of Hearing, Ld. Ar Of The Assessee Brought To Our Notice That There Is A Delay Of 395 Days In Filing The Appeal Before The Tribunal On The Ground That The Order Was Communicated Via Portal & The Registered Mail Id I.E. 71Nkkhare@Gmail.Com On The Income Tax Portal Does Not Belong To The Assessee, It Might Have Been Of Erstwhile Consultant Who

For Appellant: Shri Alok Dhingra, AdvocateFor Respondent: Shri Shailendra Srivastava, Sr. DR
Section 147

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 10.01.2024 for the Assessment Year 2013-14. 2. At the time of hearing, ld. AR of the assessee