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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

Safe and Sure Marine Services Private Limited, Masjid Bunder, Mumbai vs. Income Tax Officer, Ward 8(1)(2), Mumbai

ITA 4478/MUM/2025[2011–12]Status: DisposedITAT Mumbai30 Sept 2025

Bench: Shri Narender Kumar Choudhryassessment Year: 2011-12 M/S. Safe & Sure Marine Income Tax Officer, Services Private Limited, Ward 8(1)(2), 5, Sagar Building, Room No.614, 6Th Floor, 327 Narsi Natha Street, Vs. Aayakar Bhavan, Masjid Bunder, M.K. Road, Mumbai Churchgate, Maharashtra – 400 009 Mumbai Pan: Aahcs8193E Maharashtra – 400 020 (Appellant) (Respondent) Present For: Assessee By : None Revenue By : Shri Sanjeev Bhagat, Ld. Addl. Cit Date Of Hearing : 18.09.2025 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 20.08.2024, Impugned Herein, Passed By The National Faceless Appeal Centre (Nfac)/Ld. Commissioner Of Income Tax (Appeals) (In Short “Ld. Commissioner”) Under Section 250 Of The Income Tax Act, 1961 (In Short ‘The Act’) For The A.Y. 2011-12. 2. In This Case, None Appeared On Behalf Of The Assessee Despite Of Sending Notices For The Dates Of The Previous Hearings As Well As For Today, Thus, This Court Is Constrained To Decide This Appeal As Ex-Parte.

For Appellant: NoneFor Respondent: Shri Sanjeev Bhagat, Ld. Addl. CIT
Section 2Section 250Section 40

Judicial Member: This appeal has been preferred by the Assessee against the order dated 20.08.2024, impugned herein, passed by the National Faceless Appeal Centre (NFAC)/Ld. Commissioner of Income Tax (Appeals) (in short “Ld. Commissioner”) under section 250 of the Income Tax Act, 1961 (in short

Bsel Tech Park Premisies Co Operative Society Ltd, Mumbai vs. Commissioner of Income Tax (Appeal), Mumbai

In the result, the appeal filed by the Assessee is allowed

ITA 4458/MUM/2025[2018-19]Status: DisposedITAT Mumbai30 Sept 2025AY 2018-19

Bench: Shri Om Prakash Kant & Shri Narender Kumar Choudhryassessment Year: 2018-19 M/S. Bsel Tech Park Commissioner Of Income Premisies Co-Operative Tax, Society Ltd., 4Th Floor, Tower 6, Bsel Tech Park, Vs. Vashi Station Complex, Opp Infotech Park, Vashi Vashi Maharashtra – 400 075 Navi Mumbai – 400 703 Pan: Aacab1755G (Appellant) (Respondent) Present For: Assessee By : Ms. Naina Chaurasia, Ld. C.A. Revenue By : Shri Leyaqaat Ali Aafaqui, Ld. Sr. Dr Date Of Hearing : 01.09.2025 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 26.05.2025, 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, The Assessing Officer (Ao) Disallowed The Deduction Claimed U/S 80P(2)(D) Of The Act On Account Of Interest Income Earned From Co-Operative Banks To The Tune Of Rs.28,30,300/- As Detailed Below:

For Appellant: Ms. Naina Chaurasia, Ld. C.AFor Respondent: Shri Leyaqaat Ali Aafaqui, Ld. Sr. DR
Section 2(19)Section 250Section 80PSection 80P(1)Section 80P(2)(d)

Judicial Member: This appeal has been preferred by the Assessee against the order dated 26.05.2025, 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

ACIT-3(1)(1), Mumbai, Ayakar Bhawan vs. Samsonite South Asia Pvt Ltd, Andheri

In the result, appeal of the Revenue is dismissed

ITA 4278/MUM/2025[2010-11]Status: DisposedITAT Mumbai30 Sept 2025AY 2010-11

Bench: Shri Saktijit Dey, Hon'Ble & Shri Girish Agrawalassessment Year: 2010-11 Assistant Commissioner Of Samsonite South Asia Pvt. Ltd. Income Tax 3(1)(1) 402/Ackruti Star, Midc, 607, Ayakar Bhawan, M.K. Andheri East, Vs. Road, Mumbai – 400093 Mumbai - 400020 (Pan: Aaacs8598L) (Appellant) (Respondent) Present For: Assessee : Jitendra Singh, Advocate Revenue : Shri Surendra Mohan, Sr. Dr Date Of Hearing : 12.08.2025 Date Of Pronouncement : 30.09.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Revenue Is Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/250/2025-26/1075686655(1), Dated 21.04.2025, Passed Against The Order By Additional Commissioner Of Income Tax 8(3), Mumbai U/S.143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 30.03.2014, For Assessment Year 2010- 11. 2. Grounds Taken By The Revenue Are Reproduced As Under: (1) Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Is Correct In Allowing The Entire Amount Of Rs.7,32,38,757/- Incurred By The Assessee For Building Of ‘Samsonite’ Brand Without Appreciating The Fact That These Expenses Were Incurred Towards Creating Intangible Rights In Its Favour Which Are Capable Of Giving Enduring Benefits To The Assessee Company & Hence Are Assignable Over A Number Of Year?

For Appellant: Jitendra Singh, AdvocateFor Respondent: Shri Surendra Mohan, Sr. DR
Section 143(3)

GIRISH AGRAWAL, ACCOUNTANT MEMBER: This appeal filed by the Revenue is against the order of Ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi vide order no. ITBA/NFAC/S/250/2025-26/1075686655(1), dated 21.04.2025, passed against the order by Additional Commissioner of Income Tax 8(3), Mumbai u/s.143(3) of the Income

Versova Sandeep Sarovar Chs Ltd., Mumbai vs. ITO, Bandra Kurla Complex

In the result, assessee’s appeal is allowed

ITA 3328/MUM/2025[2006-2007]Status: DisposedITAT Mumbai30 Sept 2025AY 2006-2007

Bench: Ms. Kavitha Rajagopal & Smt. Renu Jauhriversova Sandeep Sarovar Chs Income Tax Officer Ltd. 206, Kautilyabhavan, Vs. Plot No. 13 Svp Nagar, Four Bandrakurla Complex, Bandra Bunglows, Andheri West, Mumbai East, Mumbai 400051 400053 स्थायीलेखासं./जीआइआरसं./Pan/Gir No: Aaaav1292J (Appellant) (Respondent) निर्ााररतीकीओरसे/ Assessee By: Shri. Satyanarayan Desai/ Shri Lalkaka /Revenue By: Ms. Kavita P. Kaushik Sr. Dr Date Of Hearing 20.08.2025 Date Of Pronouncement 30.09.2025 आदेश/O R D E R Per Renu Jauhri [A.M]: This Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi (Hereinafter Referred To As "Cit(A)"] Dated 28.03.2025 Passed U/S. 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "Act"] For Assessment Year [A.Y.] 2006-07. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: Shri. Satyanarayan Desai/ ShriFor Respondent: Ms. Kavita P. Kaushik SR. DR
Section 143(3)Section 144Section 148Section 250Section 40Section 68

RENU JAUHRI [A.M]: This appeal is filed by the assessee against the order of the National Faceless Appeal Centre (NFAC), Delhi (hereinafter referred to as "CIT(A)"] dated 28.03.2025 passed u/s. 250 of the Income-tax Act, 1961 [hereinafter referred to as "Act"] for Assessment Year