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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

Sukun Vincom Private Limited, Kolkata vs. ITO, Ward 1(2), Ranchi

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

ITA 37/RAN/2024[2015-16]Status: DisposedITAT Ranchi09 Oct 2025AY 2015-16

Bench: Shri George Mathan, Jm & Shri Ratnesh Nandan Sahay, Am आयकर अपील सं./Ita No.37/Ran/2024 (निि ारण वर्ा / Assessment Year :2015-2016) Sukun Vincom Private Limited Vs. Ito, Ward-1(2), Ranchi 9, Lal Bazar Street, 3Rd Floor, Kolkata, West Bengal-700001 स्थायी लेखा सं./Pan No. : Aapcs 2490 E (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्ाारिती की ओर से /Assessee By : None राजस्व की ओर से /Revenue By : Shri Rajib Jain, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 09/10/2025 घोषणा की तारीख/Date Of Pronouncement : 09/10/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Passed By The Ld.Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 15.12.2023 For The Assessment Year 2015-2016. 2. None Appeared On Behalf Of The Assessee. Shri Rajib Jain, Ld. Cit- Dr Appeared On Behalf Of The Revenue. 3. We Have Considered The Submissions Of The Ld. Cit-Dr. Admittedly, The Assessee Has Not Represented Its Case Before The Ld. The Ao Nor Provided Any Details With Regard To Its Claim. In Absence Of Genuineness Of Transaction, Creditworthiness & Verification Of Source Of Funds, The Could Not Verify The Investments Made In Unlisted Equities During The Period Under Consideration. As Mentioned Earlier, These Are Basically Ex-Parte Order Before The Ao. This Being So, In The Interest Of Justice & So As To Grant The Assessee Opportunity To Substantiate Its Case, The Issues In This Appeal Are Restored To The File Of The Ld. Ao For Readjudication On Merits After Granting The Assessee Adequate Opportunity Of Being Heard. The Assessee Is Also Directed To Produce The Directors Of The Company (Sellers) To Substantiate The Identity, Creditworthiness & Source Of Funds & Transactions Made On Unlisted Equities. 4. In The Result, Appeal Of The Assessee Is Partly Allowed For Statistical Purposes.

For Appellant: NoneFor Respondent: Shri Rajib Jain, CIT-DR

Bench : This is an appeal filed by the assessee against the order passed by the ld.CIT(A), National Faceless Appeal Centre (NFAC), Delhi, dated 15.12.2023 for the assessment year 2015-2016. 2. None appeared on behalf of the assessee. Shri Rajib Jain, ld. CIT- DR appeared on behalf

Income Tax Officer, Ward-3(1), Gaya vs. Pawan Kumar Singh, Rohtas

In the result, the appeal is partly allowed

ITA 66/PAT/2025[2016-17]Status: DisposedITAT Patna09 Oct 2025AY 2016-17

Bench: Ms. Madhumita Roy & Shri Rakesh Mishraassessment Year: 2016-17 Ito, Ward-3(1), Gaya…………..…………....…….……….……….……Appellant Vs. Pawan Kumar Singh…………..…..………………….....……...…..…..Respondent C/O Vidhayanchal Singh, Tarhangla, Dehri-On-Sone, Bihar – 821307. [Pan: Aqsps7942P] Appearances By: Shri Anuj Ganguli, Ar, Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 09, 2025 Date Of Pronouncing The Order : October 09, 2025 Order Per Madhumita Roy: The Instant Appeal Filed By The Revenue Is Directed Against The Order Dated 06.01.2025 Passed By Nfac U/S 250 Of The Income Tax Act, 1961 [Hereinafter Referred To As The “Act”].

Section 142(1)Section 148Section 250Section 44Section 44ASection 68

ORDER Per Madhumita Roy, Judicial Member: The instant appeal filed by the revenue is directed against the order dated 06.01.2025 passed by NFAC u/s 250 of the Income Tax Act, 1961 [hereinafter referred to as the “Act”]. 2. The revenue in this appeal is aggrieved by the action ... appeal before us by taking the following grounds of appeal: “1. Whether on the facts and circumstances of the case, the Ld CIT (Appeal), NFAC has erred in restricting the addition to Rs.16,21,630 as against the addition made of Rs. 20270371 despite the fact that he has agreed