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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

M/S Jil Information Technology Limited, New Delhi vs. Asstt. Commissioner of Income Tax, Range-3, Lucknow

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

ITA 363/LKW/2025[2021-22]Status: DisposedITAT Lucknow26 Feb 2026AY 2021-22

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2021-22 M/S Jil Information Technology Vs. Asstt. Commissioner Of Limited, 54, Ja Annexe, Basant Lok, Income Tax, Range-3, Vasant Vihar, New Delhi-110057 Lucknow Pan: Aaacj8827B (Appellant) (Respondent) Assessee By: Sh. B.P. Yadav, Adv Revenue By: Sh. R.R.N. Shukla, Addl Cit Dr Date Of Hearing: 23.12.2025 Date Of Pronouncement: 26.02.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Addl/Jcit(A), Panaji, Passed Under Section 250 Of The Income Tax Act, 1961 On 19.03.2025, Wherein The Ld. Addl/Jcit(A) Has Dismissed The Appeals Of The Assessee Against The Orders Under Section 143(1) Passed For The A.Y. 2021-22 By The Adit, Cpc, Bengaluru On 13.11.2022. The Grounds Of Appeal Are As Under:- “1. The Learned Commissioner Of Income Tax (Appeals), Nfac, Delhi [Hereinafter Referred To As The "Ld. Cit(A)"] Has Erred On Facts & In Law In Disposing The Appeal Of The Appellant By Passing An Ex-Parte Order Which Is In Gross Violation Of Natural Justice & Fair Play As The Assessee Was Not Provided Reasonable Opportunity To Have Its Say On The Merit Of The Additions Made By The Ld. Ao. 2. The Ld. Cit(A) Has Erred On Facts & In Law In Not Appreciating That The Addition Of Rs.78,17,622/-And Also The Addition Of Rs.74,913/-Do Not Fall Under The Purview Of The Clauses Enshrined In Section 143(1) Of The I.T. Act, 1961 & Also Failed To Appreciate That The Additions Made In The Present Case Are In The Nature Of Debate

For Appellant: Sh. B.P. Yadav, AdvFor Respondent: Sh. R.R.N. Shukla, Addl CIT DR
Section 143(1)Section 250

ADIT, CPC, Bengaluru on 13.11.2022. The grounds of appeal are as under:- “1. The Learned Commissioner of Income Tax (Appeals), NFAC, Delhi [hereinafter referred to as the "Ld. CIT(A)"] has erred on facts and in law in disposing the appeal of the appellant by passing an ex-parte order ... added back on account of disallowance of employees’ contribution to PF/ESI. Aggrieved by this order, the assessee filed an appeal before the NFAC which was subsequently migrated to the Addl/JCIT(A), Panaji. Before the ld. JCIT(A), it was submitted that the ADIT, CPC had erred