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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

Arham Star, Mumbai vs. ITO Ward 19(2)(2), Piramal Chamber

In the result, appeal of the assessee is partly allowed

ITA 2427/MUM/2025[2010-11]Status: DisposedITAT Mumbai26 Sept 2025AY 2010-11

Bench: Shri Saktijit Dey, Hon'Ble & Shri Girish Agrawalassessment Year: 2010-11 Arham Star Income-Tax Officer, Cw-2090, Bharat Diamond Ward - 19(2)(2), Bourse, Bandra Kurla Mumbai Vs. Complex, Mumbai - 400051 (Pan: Aaafs5695M) (Appellant) (Respondent) Present For: Assessee : Shri Rahul Sarda, Advocate Revenue : Shri Surendra Mohan, Sr. Dr Date Of Hearing : 13.08.2025 Date Of Pronouncement : 26.09.2025 O R D E R Per Girish Agrawal: This Appeal Filed By Assessee Is Against The Order Of Cit (A), National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/250/2024-25/1075308198(1), Dated 30/03/2025 Passed Against The Assessment Order By Income-Tax Officer, 19(1)(1), Mumbai, U/S.144 Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 22.12.2017 For Assessment Year 2010-11. 2. Grounds Taken By The Assessee Are Reproduced As Under: 1. The Nfac Failed To Appreciate That The Purchases Made By The Appellant Were Genuine & Supported By Documentary Material Including The Corroboration Of Sales Made From Such Purchases & There Was Not Material To Show That The Purchases Were Not Genuine & Hence, The Same Could Not Have Been Disallowed. 2. The Nfac Erred In Upholding The Addition On The Basis Of Generalized Statements In The Assessment Order Without The Assessing Officer Having Conducted Any Enquiry In The Matter.

For Appellant: Shri Rahul Sarda, AdvocateFor Respondent: Shri Surendra Mohan, Sr. DR
Section 144Section 148

GIRISH AGRAWAL, ACCOUNTANT MEMBER: This appeal filed by assessee is against the order of CIT (A), National Faceless Appeal Centre (NFAC), Delhi vide order no. ITBA/NFAC/S/250/2024-25/1075308198(1), dated 30/03/2025 passed against the assessment order by Income-tax Officer, 19(1)(1), Mumbai, u/s.144 of the Income-tax Act, 1961 (hereinafter ... referred to as the “Act”), dated 22.12.2017 for Assessment Year 2010-11. 2. Grounds taken by the assessee are reproduced as under: 1. The NFAC failed to appreciate that the purchases made by the Appellant were genuine and supported by documentary material including the corroboration of sales made from such

Linen Design Company Pvt Ltd, Gurgaon vs. ACIT, Circle-13(1), Delhi

ITA 3358/DEL/2025[2018-19]Status: DisposedITAT Delhi26 Sept 2025AY 2018-19

Bench: Shri Sudhir Kumar & Shri Manish Agarwallinen Design Company Acit/Dcit, Private Limited, Circle-13(1), Flat No.701, Tower-Ii, Vs. Delhi. Sohna Road, Vipul Greens, Sector-48, Gurgaon (Gurugram)-122018. Pan-Aabcl7123P (Appellant) (Respondent) Assessee By Shri Ved Jain, Adv. & Ms. Uma Upadhyay, Ca Department By Shri Shyam Manohar Singh, Sr. Dr Date Of Hearing 22/09/2025 Date Of Pronouncement 26/09/2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi Dated 27.03.2025 In Din & Order No. Itba/Nfac/154/2024-25/1075116153(1) Passed U/S 154 R.W.S250 Of The Income Tax Act, 1961 (The Act, In Short) For Assessment Year 2018-19. 2. Brief Facts Of The Case Are That The Return Of Income Filed By The Assessee Was Processed U/S 143(1) Of The Act Vide Order Dated 06.01.2020 For The Captioned Linen Design Company Pvt. Ltd. Vs. Acit Assessment Year Wherein Disallowance Of Delayed Payment Of Employees’ Contribution Towards The Esi/Epf Of Rs.20,17,444/- Was Made.

Section 143(1)Section 154Section 250

MANISH AGARWAL, AM: This appeal is filed by the assessee against the order of Learned Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi dated 27.03.2025 in DIN & Order No. ITBA/NFAC/154/2024-25/1075116153(1) passed u/s 154 r.w.s250 of the Income Tax Act, 1961 (the Act, in short) for Assessment