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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

Priyanka, New Delhi vs. Income Tax Officer, Ward 50(3), Delhi

Appeal is allowed

ITA 4665/DEL/2025[2017-18]Status: DisposedITAT Delhi24 Sept 2025AY 2017-18

Bench: Shri Mahavir Singh, Hon’Bleasstt. Year : 2017-18 Priyanka Vs. Ito, Ward 50(3), Block 5/25, Old Rajinder Nagar, Delhi New Delhi (Pan: Avnpp5108Q) (Appellant) (Respondent) Appellant By : Ms. Meenal Goyal, Ca & Sh. Abhinav Jain, Adv. Respondent By : Shri Manoj Kumar, Sr. Dr. Date Of Hearing 04.09.2025 Date Of Pronouncement 24.09.2025 Order This Appeal By The Assessee Is Emanating From The Order Of The Ld. Nfac, Delhi Dated 26.07.2025 On The Solitary Ground Relating To Sustaining The Addition Of Rs. 30,65,000/- Made By The Ao U/S. 69A Of The Act. 2. Brief Facts Of The Case Are That Assessee Filed Its Return Of Income For The Assessment Year 2017-18 On 31.10.2017 Declaring A Total Income Of Rs. 3,23,910/-. Subsequently, The Case Was Selected For Scrutiny & Notices U/S. 143(2) & 142(1) Of The Act Were Issued & Served. The Reasons For Selection Of The Case For Scrutiny Were, “Abnormal Increase In Cash Deposits During Demonetization Period & High Value Receipt Of Cash Shown From Third Parties In Response Data”. The Assessee Was Found To Have Deposited Cash Of Rs. 30,65,000/- During The Demonetization Period In Fy 2016-17 In Her Bank Account Maintained With The Punjab National Bank. The Assessee Claimed That The Said Cash Was Received By Her

For Appellant: Ms. Meenal Goyal, CA & Sh. Abhinav Jain, AdvFor Respondent: Shri Manoj Kumar, Sr. DR
Section 115BSection 143(2)Section 143(3)Section 69A

Date of Hearing 04.09.2025 Date of Pronouncement 24.09.2025 ORDER This appeal by the assessee is emanating from the order of the Ld. NFAC, Delhi dated 26.07.2025 on the solitary ground relating to sustaining the addition of Rs. 30,65,000/- made

Vijay Garg, Meerut vs. ITO Ward-1(2)(4), Meerut

The appeal is allowed

ITA 2303/DEL/2025[2014-15]Status: DisposedITAT Delhi24 Sept 2025AY 2014-15

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2014-15 Vijay Garg, Vs Ito, 96, Raju Ki Kuiya, Ward-1(2)(4), Near Lala Ka Bazar, Meerut. Meerut – 250 002. Pan: Ajzpg0246Q (Appellant) (Respondent) Assessee By : Shri M.P. Rastogi, Advocate Revenue By : Shri Ajay Kumar Arora, Sr. Dr Date Of Hearing : 08.09.2025 Date Of Pronouncement : 24.09.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 21.02.2025 Of The Commissioner Of Income-Tax (Appeals), Nfac, Delhi (Hereinafter Referred To As The Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeal No.Nfac/2013-14/10164051 Arising Out Of The Appeal Before It Against The Order Dated 23.03.2022 Passed U/S 147 R.W.S. 144 R.W.S.144B Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) By The Ito, Ward- 1(2)(4), Meerut (Hereinafter Referred To As The Ld. Ao). 2. On Hearing Both The Sides, We Find That A Notice U/S 148 Of The Act Was Issued On 30.03.2021 In The Name Of Vijay Garg, The Assessee, Now Represented By Shri Saurabh Agarwal, Legal Heir, Who Has Filed The Appeal. The Case Of Assessee Is That Shri Vijay Garg Died On 10.10.2012, I.E., Well Before The Issuance Of Notice U/S 148 Of The Act. Consequently, The Reassessment So Framed In The Name Of The Deceased Vijay Garg Is Vitiated & Has To Be Considered As Non Est In Law. Admittedly, The Notice Was Issued In The Name Of The Deceased Only & Not In The Name Of Any Legal Heir. It Comes Up That When This Reassessment Order Was Challenged Before The Ld.Cit(A), The Nfac Had Merely Examined The Issue Of Late Filing Of The Appeal.

For Appellant: Shri M.P. Rastogi, AdvocateFor Respondent: Shri Ajay Kumar Arora, Sr. DR
Section 147Section 148

ORDER PER ANUBHAV SHARMA, JM: This appeal is preferred by the Assessee against the order dated 21.02.2025 of the Commissioner of Income-tax (Appeals), NFAC, Delhi (hereinafter referred to as the ld. First Appellate Authority or ‘the Ld. FAA’ for short) in Appeal No.NFAC/2013-14/10164051 arising out of the appeal ... name of any legal heir. It comes up that when this reassessment order was challenged before the ld.CIT(A), the NFAC had merely examined the issue of late filing of the appeal. 3. On consideration of the impugned order, we find that the fact of death of the assessee

ITO, Delhi vs. Usha Rani, Delhi

Appeal are allowed

ITA 2286/DEL/2025[2016-17]Status: DisposedITAT Delhi24 Sept 2025AY 2016-17

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2016-17 Ito, Vs Usha Rani, Ward-44(1), 593, Rani Bagh, Delhi. Delhi. Pan: Ahrpc1449F (Appellant) (Respondent) Assessee By : Shri Sanjay Gupta, Ca Revenue By : Shri Ajay Kumar Arora, Sr. Dr Date Of Hearing : 08.09.2025 Date Of Pronouncement : 24.09.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Revenue Against The Order Dated 07.02.2025 Of The Commissioner Of Income-Tax (Appeals), Nfac, Delhi (Hereinafter Referred To As The Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeal No.Nfac/2015-16/10332913 Arising Out Of The Appeal Before It Against The Order Dated 08.03.2024 Passed U/S 147 R.W.S. 144B Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) By The Ito, Ward-44(1), Delhi (Hereinafter Referred To As The Ld. Ao). 2. On Hearing Both The Sides, We Find That The Case Of The Revenue Is That The Assessee Has Been Erroneously Benefitted By The Ld.Cit(A) As The Source Of The Source Of Her Husband’S Agricultural Activities Has Not Been Examined. We Find That The Revenue Has Also Raised A Ground That Additional Evidences Were Accepted Without Giving The Ao An Opportunity To Contest.

For Appellant: Shri Sanjay Gupta, CAFor Respondent: Shri Ajay Kumar Arora, Sr. DR
Section 143(2)Section 147Section 148Section 148ASection 69

ORDER PER ANUBHAV SHARMA, JM: This appeal is preferred by the Revenue against the order dated 07.02.2025 of the Commissioner of Income-tax (Appeals), NFAC, Delhi (hereinafter referred to as the ld. First Appellate Authority or ‘the Ld. FAA’ for short) in Appeal No.NFAC/2015-16/10332913 arising out of the appeal