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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

Jaro Institute of Technology Management and Research Ltd, Mumbai vs. Dy. Commissioner of Income Tax, Circle-4(3)(1), Mumbai

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

ITA 5062/MUM/2025[2022-23]Status: DisposedITAT Mumbai30 Sept 2025AY 2022-23

Bench: Ms. Kavitha Rajagopal, Jm & Shri Omkareshwar Chidara, Am Jaro Institute Of Technology Dy. Commissioner Of Income Tax, Management & Research Ltd. Circle-4(3)(1), Mumbai 11Th Floor, Vikas Centre, Dr. C. G. Vs. Road, Chembur, Fci, S.O. Mumbai – 400074. Pan/Gir No. Aaccj2107Q (Appellant) : (Respondent) Assessee By : Shri Jay Thakkar Respondent By : Ms. Kavitha Kaushik, Sr Dr Date Of Hearing : 29.09.2025 Date Of Pronouncement : 30.09.2025 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals) Delhi (‘Ld. Cit(A)’ For Short), National Faceless Appeal Centre (‘Nfac’ For Short) Passed U/S.250 Of The Income Tax Act, 1961 (‘The Act'), Pertaining To The Assessment Year (‘A.Y.’ For Short) 2022-23. 2. The Assessee Has Raised The Following Grounds Of Appeal: 1.0 On Facts & Circumstances Of The Case & In Law, Ld. Cit(A) Erred In Not Condoning The Delay In Filing The 1" Appeal Of 118 Days & Ought To Have Considered The Bonafide Reasons & Compelling Circumstances, Supported With Affidavit, That Had Precluded The Appellant To File The 1" Appeal In Time, 2.0 On Facts & Circumstances Of The Case & In Law, Ld. Cit(A) Ought To Have Deleted The Disallowance Of Sales & Promotion Expenses Of Rs.2,73,78,889, Jaro Institution Of Technology Management & Research Ltd.

For Appellant: Shri Jay ThakkarFor Respondent: Ms. Kavitha Kaushik, SR DR
Section 139(4)Section 143(2)Section 143(3)Section 2Section 250Section 37(1)Section 40

assessee, challenging the order of the learned Commissioner of Income Tax (Appeals) Delhi (‘ld. CIT(A)’ for short), National Faceless Appeal Centre (‘NFAC’ for short) passed u/s.250 of the Income Tax Act, 1961 (‘the Act'), pertaining to the Assessment Year (‘A.Y.’ for short) 2022-23. 2. The assessee has raised

Baban Chindhu Harane, Tal - Sahapur vs. ITO Ward 2(2), Kalyan

ITA 4834/MUM/2025[2018-19]Status: DisposedITAT Mumbai30 Sept 2025AY 2018-19

Bench: Shri Narender Kumar Choudhryassessment Year: 2018-19 Mr. Baban Chindhu Harane Ito Ward 2(2), Kalyan At- Changyacha Pada, Kalyan Kharade Bhiwandi Vs. Maharashtra - 421301 Tal-Sahapur Maharashtra - 420601 Pan: Aczph1742D (Appellant) (Respondent) Present For: Assessee By : Shri Rajesh Shah, Ld. A.R. Revenue By : Shri Kiran K. Chhatrapati, Ld. Sr. Dr Date Of Hearing : 15.09.2025 Date Of Pronouncement : 30.09.2025 O R D E R Per : Narender Kumar Choudhry: This Appeal Has Been Preferred By The Assessee Against The Order Dated 27.05.2025, Impugned Herein, Passed By The National Faceless Appeal Center (Nfac)/Ld. Commissioner Of Income Tax (Appeals) (In Short Ld. Commissioner) U/S 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2018-19. 2. In The Instant Case, As Per The Information Available With The Department In Insight Portal The Assessee Had Purchased A Property On A Consideration Of Rs.4,00,000/- As Against The Stamp Duty Valuation At Rs.10,64,000/- & Therefore The Case Of The Assessee Was Reopened By Recording Reasons For Reopening & Issuing Notice Dated 11.02.2023 U/S 148 Of The Act, Which Resulted Into Making The Addition Of Rs.6,64,000/- Being Difference Between The Stamp

For Appellant: Shri Rajesh Shah, Ld. A.RFor Respondent: Shri Kiran K. Chhatrapati, Ld. Sr. DR
Section 148Section 2Section 250Section 50CSection 56(2)(x)

Judicial Member: This appeal has been preferred by the Assessee against the order dated 27.05.2025, impugned herein, passed by the National Faceless Appeal Center (NFAC)/Ld. Commissioner of Income Tax (Appeals) (in short Ld. Commissioner) u/s 250 of the Income Tax Act, 1961 (in short