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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

Sadhana Annasaheb Sonwane, Mumbai vs. Income Tax Officer, Mumbai

In the result, appeal of the assessee is allowed

ITA 1636/MUM/2025[2013-14]Status: DisposedITAT Mumbai13 Oct 2025AY 2013-14

Bench: Shri Amit Shukla & Shri Girish Agrawalassessment Year:2013-14 Sadhana Annasabeh Sonwane Vs Ito Ward 29(3)(2), Mumbai 502/B, Sai Regency, Bhoir Nagar, Vashi Railway Station, Vidyalaya Marg, Mulund (E), 3X7X+Gqp, 3Rd & 4Th Floor, Mumbai 400081 6Th Tower, Complex, Vashi, Navi Mumbai 400703 (Pan: Aqsps7089R) Appellant Respondent Present For: Appellant By : Shri Sanjeev Brahme, Ca Respondent By : Shri. Leyaqat Ali Aafaqui, Sr. Dr Date Of Hearing : 29.07.2025 Date Of Pronouncement : 13.10.2025 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/Nfca/S/250/2024-25/1072025693(1), Dated 09.01.2025 Passed Against The Assessment Order By Ito-W-29(3)(2) U/S.143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 29.03.2016 For Ay 2013-14. 2. Grounds Taken By The Assessee Are Reproduced As Under: “(I) The Cit(A) Of National Faceless Appeal Centre (Nfac) Has Erred In Confirming The Order Of Assessing Officer. (Ii) The Cit(A) National Faceless Appeal Centre (Nfac) Has Erred In Upholding The Decision Of The Assessing Officer, Thereby Confirming The Denial Of The Benefit Under Section 54F.

For Appellant: Shri Sanjeev Brahme, CAFor Respondent: Shri. Leyaqat Ali Aafaqui, Sr. DR
Section 143(3)Section 54FSection 54F(1)

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/NFCA/S/250/2024-25/1072025693(1), dated 09.01.2025 passed against the assessment order by ITO-W-29(3)(2) u/s.143(3) of the Income-tax Act, 1961 (hereinafter ... Grounds taken by the assessee are reproduced as under: “(i) The CIT(A) of National Faceless Appeal Centre (NFAC) has erred in confirming the order of Assessing Officer. (ii) The CIT(A) National Faceless Appeal Centre (NFAC) has erred in upholding the decision of the Assessing Officer, thereby confirming

Subha Hariharan, Mumbai vs. Income Tax Officer 35(3)(4), Mumbai

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

ITA 1154/MUM/2025[2011-12]Status: DisposedITAT Mumbai13 Oct 2025AY 2011-12

Bench: Shri Sandeep Gosain & Shri Girish Agrawalassessment Year: 2011-12 Subha Hariharan Income Tax Officer, Plot No. 4 B 503/504, Ward 35(3)(4), Dosti Elite Tower -B Mumbai Vs. Next To Sion Telephone Exchange Sion (W), Mumbai – 400022 (Pan: Acmph5705R) (Assessee) (Respondent) Present For: Assessee : Mr. Ruturaj Gurjar, Advocate Revenue : Mr. Virabhadra S. Mahajan, Sr. Dr (Virtually Appeared) Date Of Hearing : 30.09.2025 Date Of Pronouncement : 13.10.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Vide Order No. Itba/Nfac/S/250/2024-25/1071531320(1), Dated 24.12.2024 Passed Against The Assessment Order By Income-Tax Officer, Ward – 35(3)(4), Mumbai, U/S. 144 R.W.S.147 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 27.12.2018 For Assessment Year 2011-12. 2. Grounds Taken By The Assessee Are Reproduced As Under: “1. The Ld. Cit (A) Has Erred In Passing The Order Dated 24/12/2024 Without Giving Reasonable Opportunity To The Petitioner To Represent Its Case.

For Appellant: Mr. Ruturaj Gurjar, AdvocateFor Respondent: Mr. Virabhadra S. Mahajan, Sr. DR
Section 144Section 249(2)Section 249(3)

GIRISH AGRAWAL, ACCOUNTANT MEMBER: This appeal filed by the assessee is against the order of Ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi, vide order no. ITBA/NFAC/S/250/2024-25/1071531320(1), dated 24.12.2024 passed against the assessment order by Income-tax Officer, Ward – 35(3)(4), Mumbai, u/s. 144 r.w.s.147