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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

Yeshwant Sahakari Sahkar Karkhana Ltd, Pune vs. ACIT Circle 4, Pune

In the result, appeal of the Assessee is dismissed

ITA 1997/PUN/2025[2011-12]Status: DisposedITAT Pune30 Sept 2025AY 2011-12

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपऩल सं. / Ita No.1997/Pun/2025 निर्धारण वषा / Assessment Year: 2011-12 Yeshwant Sahakari Sakhar V National E-Assessment Karkhana Ltd., S Centre. A/P.Chintamaninagar, Tal.Haveli, Dist. Pune-412110 Pan: Aaaty0164B Appellant/ Assessee Respondent / Revenue Assessee By None Revenue By Smt. Sonal L Sonkavde – Addl.Cit(Dr) Date Of Hearing 30/09/2025 Date Of Pronouncement 30/09/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2011-12 Dated 19.06.2025 Emanating From The Assessment Order Passed Under Section 143(3) R.W.S. 254 Of The Act, Dated 29.09.2021. The Assessee Has Raised The Following Grounds Of Appeal :

Section 143(3)Section 250Section 253

30/09/2025 आदेश/ ORDER PER DR. DIPAK P. RIPOTE, AM: This appeal filed by the Assessee against the order of ld.Commissioner of Income Tax(Appeal)[NFAC], passed under section 250 of the Income Tax Act, 1961 for the A.Y.2011-12 dated 19.06.2025 emanating from the Assessment Order passed under section ... following grounds of appeal : ITA No.1997/PUN/2025 [A] “1. On the fact and in the circumstance of the case and in law of the learned NFAC Commissioner of Income Tax (Appeals) Delhi, has erred in disallowing and adding back an amount of Rs.2,56,12,679/- on account of Excessive sugarcane

Rahul Arun Mandlik, Pune vs. ITO WD- 5(2), Pune

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

ITA 1984/PUN/2025[2015-16]Status: DisposedITAT Pune30 Sept 2025AY 2015-16

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपऩल सं. / Ita No.1984/Pun/2025 निर्धारण वषा / Assessment Year: 2015-16 Rahul Arun Mandlik, V The Income Tax Officer, Sr No.34/3/2, Kashi S Ward-5(2), Pune. Vishveshewar Apartment, Nt Yenpure Nagar, Dhankawadi, Pune – 411043. Pan: Bmbpm1461M Appellant/ Assessee Respondent / Revenue Assessee By None Revenue By Smt.Sonal L Sonkavde – Addl.Cit(Dr) Date Of Hearing 30/09/2025 Date Of Pronouncement 30/09/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2015-16 Dated 16.12.2024 Emanating From The Assessment Order Passed Under Section 144 Of The Act, Dated 27.03.2022. The Assessee Has Raised The Following Grounds Of Appeal :

Section 144Section 147Section 148Section 246ASection 250Section 250(4)Section 250(6)Section 251Section 251(1)(a)Section 69A

30/09/2025 आदेश/ ORDER PER DR. DIPAK P. RIPOTE, AM: This appeal filed by the Assessee against the order of ld.Commissioner of Income Tax(Appeal)[NFAC], passed under section 250 of the Income Tax Act, 1961 for the A.Y.2015-16 dated 16.12.2024 emanating from the Assessment Order passed under section ... income of the Assessee at Rs.2,01,28,921/-. Aggrieved by the assessment order, Assessee filed appeal before the ld.CIT(A). The ld.CIT(A)[NFAC] vide order dated 16.12.2024 dismissed the appeal of the Assessee on account of non-compliance. Ld.CIT(A)[NFAC] provided four opportunities to the Assessee

Income Tax Officer, Ward-8(1), Pune, Akurdi vs. Shamsundar Kaliram Agarwal, Pune

In the result, appeal of the Revenue is allowed

ITA 1428/PUN/2025[2018-19]Status: DisposedITAT Pune30 Sept 2025AY 2018-19

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपऩल सं. / Ita No.1428/Pun/2025 निर्धारण वषा / Assessment Year: 2018-19 The Income Tax Officer, V Shamsundar Kaliram Ward-8(1), Pune. S Agarwal, Pratyakshakar Bhavan, Near Akurdi Railway Station, Dr.Ambedkar Road, Akurdi, Pune – 411044. Pan: Alzpa2906R Appellant / Revenue Respondent / Assessee Assessee By None Revenue By Shri Amit Bobde – Cit(Dr) Date Of Hearing 29/09/2025 Date Of Pronouncement 30/09/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Revenue(Income Tax Officer, Ward- 8(1), Pune), Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac] Passed Under Section 154 R.W.S 250 Of The Act, 1961 Dated 28.03.2025 Emanating From The Order Passed Under Section 250 R.W.S. 254 Of The Income Tax Act, 1961 Dated

Section 143(3)Section 144Section 147rSection 154Section 250Section 250(6)Section 251

RIPOTE, AM: This appeal filed by the Revenue(Income Tax Officer, Ward- 8(1), Pune), against the order of ld.Commissioner of Income Tax(Appeal)[NFAC] passed under section 154 r.w.s 250 of the Act, 1961 dated 28.03.2025 emanating from the Order passed under section 250 r.w.s. 254 of the Income ... Returned income in this case was Rs.2,93,350/-. Aggrieved by the Assessment Order, the Assessee filed appeal before ld.CIT(A). 5. Ld.CIT(A)[NFAC] passed an order for A.Y.2018-19 u/s.250 of the Act, on 29.05.2023, directing the Assessing Officer to recompute the total income considering the peak credit

Dreams Belle Vue, Pune vs. ITO Ward-2(3), Pune

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

ITA 1158/PUN/2025[2014-15]Status: DisposedITAT Pune30 Sept 2025AY 2014-15

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.1157 & 1158/Pun/2025 निर्धारण वर्ष / Assessment Years : 2016-17 & 2014-15 Dreams Belle Vue, 3Rd Floor, City Mall, University Road, Ganeshkind, Maharashtra-411007, Pan: Aaaad9013B अपीलार्थी / Appellant Assessee By : Department By : Date Of Hearing : Date Of Pronouncement : Ito, Ward-2(1), Pune Vs. प्रत्यर्थी / Respondent Shri Kishor B Phadke Shri Vidya Ratan Kishore 01-09-2025 30-09-2025 आदेश / Order Per Astha Chandra, Jm : The Above Two Appeals Filed By The Assessee Are Directed Against The Two Separate Orders Dated 15.02.2024 & 23.02.2024 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)"] Pertaining To Assessment Years (“Ays”) 2016-17 & 2014-15 Respectively. Since Common Issues Are Involved, Both The Appeals Were Heard Together & Are Being Disposed Of By This Common Order. 2. There Is A Delay Of 383 & 375 Days Respectively In Filing Of These Appeals Before The Tribunal For Which The Assessee Has Filed An Affidavit Along With Application Explaining The Reasons For Such Delay. On Perusal Of The Same, We Are Satisfied That The Delay In Filing Of Appeal Is Not Intentional Or Deliberate But Has Occurred For The Reasons Mentioned In The Affidavit. After Hearing Both The Sides, We Are Of The View That The Delay Is Attributable To The Sufficient Cause. We, Therefore, In Light Of The Decisions Of The Hon'Ble Supreme Court In The Case Of Collector, Land Acquisition Vs. Mst. Katiji & Ors. (1987) 167 Itr 471 (Sc) & In The Case Of Inder Singh Vs. The State Of Madhya Pradesh Reported In 2025 Livelaw (Sc) 339, Condone The Said Delay & Proceed To Decide The Appeal. 2

For Appellant: Department byFor Respondent: Date of hearing
Section 139Section 142(1)Section 147Section 148

hands of the members of the AOP and hence, should not be taxed again in the hands of Appellant Company. 2. Learned CIT(NFAC), erred in outrightly dismissing the grounds/contentions raised by the assessee for lack of submissions made without addressing the grounds raised by the appellant, thereby violating ... requires him to state the points for determination, the decision thereon and the reason for the decision. We observe that the Ld. CIT(A)/ NFAC has passed the order without himself going into the merits of the case. Thus, in our view, his order is in violation of the provisions

Dreams Belle Vue, Pune vs. ITO Ward 2 (1), Pune

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

ITA 1157/PUN/2025[2016-17]Status: DisposedITAT Pune30 Sept 2025AY 2016-17

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.1157 & 1158/Pun/2025 निर्धारण वर्ष / Assessment Years : 2016-17 & 2014-15 Dreams Belle Vue, 3Rd Floor, City Mall, University Road, Ganeshkind, Maharashtra-411007, Pan: Aaaad9013B अपीलार्थी / Appellant Assessee By : Department By : Date Of Hearing : Date Of Pronouncement : Ito, Ward-2(1), Pune Vs. प्रत्यर्थी / Respondent Shri Kishor B Phadke Shri Vidya Ratan Kishore 01-09-2025 30-09-2025 आदेश / Order Per Astha Chandra, Jm : The Above Two Appeals Filed By The Assessee Are Directed Against The Two Separate Orders Dated 15.02.2024 & 23.02.2024 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)"] Pertaining To Assessment Years (“Ays”) 2016-17 & 2014-15 Respectively. Since Common Issues Are Involved, Both The Appeals Were Heard Together & Are Being Disposed Of By This Common Order. 2. There Is A Delay Of 383 & 375 Days Respectively In Filing Of These Appeals Before The Tribunal For Which The Assessee Has Filed An Affidavit Along With Application Explaining The Reasons For Such Delay. On Perusal Of The Same, We Are Satisfied That The Delay In Filing Of Appeal Is Not Intentional Or Deliberate But Has Occurred For The Reasons Mentioned In The Affidavit. After Hearing Both The Sides, We Are Of The View That The Delay Is Attributable To The Sufficient Cause. We, Therefore, In Light Of The Decisions Of The Hon'Ble Supreme Court In The Case Of Collector, Land Acquisition Vs. Mst. Katiji & Ors. (1987) 167 Itr 471 (Sc) & In The Case Of Inder Singh Vs. The State Of Madhya Pradesh Reported In 2025 Livelaw (Sc) 339, Condone The Said Delay & Proceed To Decide The Appeal. 2

For Appellant: Department byFor Respondent: Date of hearing
Section 139Section 142(1)Section 147Section 148

hands of the members of the AOP and hence, should not be taxed again in the hands of Appellant Company. 2. Learned CIT(NFAC), erred in outrightly dismissing the grounds/contentions raised by the assessee for lack of submissions made without addressing the grounds raised by the appellant, thereby violating ... requires him to state the points for determination, the decision thereon and the reason for the decision. We observe that the Ld. CIT(A)/ NFAC has passed the order without himself going into the merits of the case. Thus, in our view, his order is in violation of the provisions

Jas Equipments & Engineers Pvt. Ltd., Durgapur vs. D.C.I.T., Circle - 2, Durgapur

In the result, both the appeals of the assessee are allowed for statistical purposes

ITA 520/KOL/2025[2012-2013]Status: DisposedITAT Kolkata30 Sept 2025AY 2012-2013

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Rajesh Kumari.T.A. Nos. 519 & 520/Kol/2025 Assessment Year: 2012-2013 Jas Equipments & Engineers Pvt. Limited,…Appellant S-12, Durgapur Industrial Estate, J.P. Avenue, Durgapur-713212, W.B. [Pan:Aabcj9126E] -Vs.- Deputy Commissioner Of Income Tax,..…….Respondent Circle-2, Durgapur, Aayakar Bhawan, City Centre, Durgapur-734101, West Bengal Appearances By: Shri Manish Tiwari, Fca, Appeared On Behalf Of The Assessee Ms. Ruchika Sharma, Addl. Cit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: August 06, 2025 Date Of Pronouncing The Order: September 30, 2025 O R D E R

Section 143(3)Section 147

519/KOL/2025 and 520/KOL/2025 are directed at the instance of assessee against the orders of ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, both dated 24th March, 2022 passed for assessment year 2012-13. 1 ITA Nos. 519 & 520/KOL/2025 (A.Y. 2012-2013) JAS Equipments & Engineers Pvt. Limited ... Avenue, Durgapur-713212, W.B. (2) Deputy Commissioner of Income Tax, Circle-2, Durgapur, Aayakar Bhawan, City Centre, Durgapur-734101, West Bengal (3) CIT(Appeals), NFAC, Delhi; (4) CIT - ; (5) The Departmental Representative; (6) Guard FileBy order

Jas Equipments & Engineers Pvt. Ltd., Durgapur vs. D.C.I.T., Circle - 2, Durgapur

In the result, both the appeals of the assessee are allowed for statistical purposes

ITA 519/KOL/2025[2012-2013]Status: DisposedITAT Kolkata30 Sept 2025AY 2012-2013

Bench: Shri Duvvuru Rl Reddy, Vice-(Kz) & Shri Rajesh Kumari.T.A. Nos. 519 & 520/Kol/2025 Assessment Year: 2012-2013 Jas Equipments & Engineers Pvt. Limited,…Appellant S-12, Durgapur Industrial Estate, J.P. Avenue, Durgapur-713212, W.B. [Pan:Aabcj9126E] -Vs.- Deputy Commissioner Of Income Tax,..…….Respondent Circle-2, Durgapur, Aayakar Bhawan, City Centre, Durgapur-734101, West Bengal Appearances By: Shri Manish Tiwari, Fca, Appeared On Behalf Of The Assessee Ms. Ruchika Sharma, Addl. Cit, Sr. D.R., Appeared On Behalf Of The Revenue Date Of Concluding The Hearing: August 06, 2025 Date Of Pronouncing The Order: September 30, 2025 O R D E R

Section 143(3)Section 147

519/KOL/2025 and 520/KOL/2025 are directed at the instance of assessee against the orders of ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, both dated 24th March, 2022 passed for assessment year 2012-13. 1 ITA Nos. 519 & 520/KOL/2025 (A.Y. 2012-2013) JAS Equipments & Engineers Pvt. Limited ... Avenue, Durgapur-713212, W.B. (2) Deputy Commissioner of Income Tax, Circle-2, Durgapur, Aayakar Bhawan, City Centre, Durgapur-734101, West Bengal (3) CIT(Appeals), NFAC, Delhi; (4) CIT - ; (5) The Departmental Representative; (6) Guard FileBy order