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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

Sandeep Kumar Singh, Singrauli vs. Commissioner of Income Tax (Appeals), Singrauli

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

ITA 7/JAB/2025[2020-21]Status: DisposedITAT Jabalpur30 Sept 2025AY 2020-21

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2020-21 Sandeep Kumar Singh, Vs. Commissioner Of Income Tax B. 8/116, Sect. 15, Nigahi Colony, (Appeals) Nigahi, Singrauli Pan:Bvips2456Q (Appellant) (Respondent) Assessee By: Sh. Anoop Kumar Vishwakarma, Adv Revenue By: Sh. N.M. Prasad, Sr. Dr Date Of Hearing: 20.08.2025 Date Of Pronouncement: 30.09.2025 O R D E R Per Nikhil Choudhary, A.M. This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Dated 30.09.2024, Wherein The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee Against The Orders Of The Ld. Ao Dated 23.09.2022, Passed Under Section 144 Of The Income Tax Act, 1961. The Grounds Of Appeal Are As Under:- “1. Because, The Order Of Learned Assessing Officer As Well As The The Learned Cit(Appeals) Is Based On Incorrect Revised I.T. Return. 2. Because, The Income Offered U/S. 56 & Deduction Claimed U/S. 57 Of The Income Tax In Revised Lt. Return Does Not Relates To The Assessee. 3. Because, On The Facts & Circumstances Of The Case & In Law, The Learned Assessing Officer & The Learned Cit(Appeals) Has Erred In Making Disallowance / Addition Of Rs.51,42,446/-. 4. Because, The Learned Cit(Appeals) Has Erred In Facts In Giving Finding That "Entire Tds Credit Of Rs.81,729/- Relatable To Total Receipts Of Rs.56,61,867/- (Rs.55,09,367 + Rs.1,52,500) Is Claimed In Revised Return. Thus, It Is Clear That Whatever Income Admitted In Revised Return Is Not Randomly Admitted But Based On 16A Certificate Issued By Deductor M/S Gmr Infrastructure Ltd.

For Appellant: Sh. Anoop Kumar Vishwakarma, AdvFor Respondent: Sh. N.M. Prasad, Sr. DR
Section 144Section 56Section 57Section 58

NIKHIL CHOUDHARY, A.M. This is an appeal filed by the assessee against the orders of the ld. CIT(A), NFAC dated 30.09.2024, wherein the ld. CIT(A) has dismissed the appeal of the assessee against the orders of the ld. AO dated 23.09.2022, passed under section 144 of the Income

Jagveer Singh, Banda vs. Income Tax Officer Ward-1, Satna

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

ITA 11/JAB/2025[2018-19]Status: DisposedITAT Jabalpur30 Sept 2025AY 2018-19

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2018-19 Jagveer Singh, Vs. Income Tax Officer, Village Bhiyamau Khohi Thana, Ward-1, Satna Baraunda, Satna, M.P. Pan:Eneps0024R (Appellant) (Respondent) Assessee By: Sh. Dhiraj Ghai, C.A. Revenue By: Sh. N.M. Prasad, Sr. Dr Date Of Hearing: 20.08.2025 Date Of Pronouncement: 30.09.2025 O R D E R Per Nikhil Choudhary, A.M. This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Dismissing The Appeal Of The Assessee Against The Orders Passed By The Ld. Assessing Officer Under Section 147 R.W.S. 144 Of The Income Tax Act On 20.03.2023. The Grounds Of Appeal Are As Under:- “1. The Ex-Party Order Passed U/S Rs. 144 For Ay 2018-19 On 20.03.2023 By Faceless Centre Holding Cash Deposits To The Extent Of Rs. 1,76,85,400/-Deposited In Bank Accounts As Unexplained Cash & Thereby Making Addition Of 1,76,85,400/- Is Wholly Illegal, Unlawful & Against The Principles Of Natural Justice. 2. The Ex-Party Order Of Learned Cit(A) Is Bad In Law & Liable To Be Quashed For Non Consideration Of Material On Record & Additions Made Of Rs 1,76,85,400/- Is Illegal In Want Of Non-Application Of Principles Of Natural Justice 3. Without Prejudice:-The Learned Commissioner Of Income Tax (Appeals) Has Erred In Dismissing The Appeal Ex-Party & Thereby Confirming The Order Passed By Assessing Officer. The Ex-Party Order Passed By Learned Assessing Officer Being Bad In Law & Void-Ab-Inito Was Required To Be Quashed Instead Of Being Confirmed

For Appellant: Sh. Dhiraj Ghai, C.AFor Respondent: Sh. N.M. Prasad, Sr. DR
Section 147

NIKHIL CHOUDHARY, A.M. This is an appeal filed by the assessee against the orders of the ld. CIT(A), NFAC dismissing the appeal of the assessee against the orders passed by the ld. Assessing Officer under section 147 r.w.s. 144 of the Income Tax Act on 20.03.2023. The grounds