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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

K D Choudhari, Pune vs. DCIT Circle 5, Pune

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

ITA 328/PUN/2025[2022-23]Status: DisposedITAT Pune08 Sept 2025AY 2022-23

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.328/Pun/2025 िनधा"रण वष" / Assessment Year : 2022-23 K. D. Choudhari, Vs. Dcit, Circle-5, Pune. Office No.36, 37, 38, Krushi Udog Bhavan, Gultekdi, Shri Chhatrapati Shivaji Market Yard, Pune- 411037. Pan : Aanfk0084B Appellant Respondent Assessee By : Shri Pramod Shingte Revenue By : Shri Amol Khairnar Date Of Hearing : 05.08.2025 Date Of Pronouncement : 08.09.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 19.12.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2022-23. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & The Circumstances Of The Case & In Law, Lower Authorities Erred In Passing An Order U/S 250 Dated 19/12/2024, By Observing That Appellant Has Not Responded To Notices Issued In Appellate Proceedings, Thereby Completely Ignoring The Detailed Submissions Made In Response To Last Three Notices, That To On Or Before Due Date Mentioned, Such Casual Approach In The Appellate Proceeding Is Unacceptable Because, Ld. Cit(A) Ought

For Appellant: Shri Pramod ShingteFor Respondent: Shri Amol Khairnar
Section 143(3)Section 250Section 40Section 68

written submissions along with supporting documents before Ld. CIT(A)/NFAC, however the above said submission remained to be considered by Ld. CIT(A)NFAC. Accordingly, we find force in the arguments of Ld. counsel of the assessee that the impugned order passed by Ld. CIT(A)/NFAC

Vriddhi Power Private Limited, Nagpur vs. ITO, Ward 2(1), Kolkata

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

ITA 182/KOL/2025[2012-13]Status: DisposedITAT Kolkata08 Sept 2025AY 2012-13

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyआयकर अपील सं/Ita No.182/Kol/2025 (निर्धारण वर्ा / Assessment Year : 2012-2013) Vriddhi Power Private Limited, Vs Ito, Ward-2(1), Kolkata H.No.240, Ambazari Layout, Shankar Nagar So, Nagpur(Urban), Nagpur-440010 Pan No. :Aaecm 7218 H (अपीलधर्थी /Appellant) (प्रत्यर्थी / Respondent) .. निर्धाररती की ओर से /Assessee By Shri Miraj D Shah, Ar रधजस्व की ओर से /Revenue By : Shri Sanat Kumar Raha, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 01/09/2025 घोषणा की तारीख/Date Of Pronouncement : 08/09/2025 आदेश / O R D E R Per Pradip Kumar Choubey, Jm : The Assessee Has Filed The Instant Appeal Against The Order Dated 31.12.2024, Passed By The Ld.Cit(A), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2012-2013. 2. In This Appeal, The Assessee Though Challenged The Additions Made By The Assessing Officer & Confirmed By The Ld. Cit(A), However, During The Course Of Hearing, The Ld.Ar Submitted That The Issue Involved In This Appeal Requires To Remit Back To The File Of Ld.Ao As The Assessee Was Unable To File The Relevant Documents In Support Of Its Claim As There Was No Proper Compliance During The Course Of Assessment Proceedings. In This Regard, Ld. Ar Submitted An Affidavit Stating Therein That No Notice Has Been Received By The Assessee In Regard To Passing Of The Assessment Order. It Has Also Been Requested By The Ld. Ar That If The Issue Is Restored To The File Of Ld.Ao, Then Any Notice Would Be Issued In Relation To The Assessment

For Respondent: Shri Sanat Kumar Raha, CIT-DR

Kumar Choubey, JM : The assessee has filed the instant appeal against the order dated 31.12.2024, passed by the ld.CIT(A), National Faceless Appeal Centre (NFAC), Delhi for the assessment year 2012-2013. 2. In this appeal, the assessee though challenged the additions made by the Assessing Officer and confirmed

Chanda Shrawan Khetawat, Kolkata vs. ITO, Ward 28(1), Kolkata

In the result, appeal of the assessee is partly allowed for statistical purposes

ITA 1159/KOL/2025[2014-2015]Status: DisposedITAT Kolkata08 Sept 2025AY 2014-2015

Bench: Shri George Mathan & Shri Rakesh Mishravs Ito, Ward-28(1), Kolkata Chanda Shrawan Khetawat, 4F, Floor Castle, 74 Lake District Narkel Danga Main Road, Phoolbagan, Kolkata-700054 Pan No. :Agxpk 6023 E (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : Shri Abhishek Bansal, Fca रधजस्व की ओर से /Revenue By : Ms. Archana Gupta, Addl.Cit-Sr. Dr सुनवाई की तारीख / Date Of Hearing : 08/09/2025 घोषणा की तारीख/Date Of Pronouncement : 08/09/2025 आदेश / O R D E R Per George Mathan, Jm: This Is An Appeal Filed By The Revenue Against The Order Passed By The Ld.Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 30.03.2025 For The Assessment Year 2014-2015. 2. Shri Abhishek Bansal, Ld. Ar Appeared On Behalf Of The Assessee & Ms. Archana Gupta, Sr.Dr Appeared On Behalf Of The Revenue 3. An Adjournment Application Has Been Filed By Shri Abhishek Bansal, Ld.Ar Of The Assessee Seeking Adjournment On The Ground, Which Is Not Plausible, Therefore, The Adjournment Application Is Rejected & Appeal Is Heard Finally. 4. A Perusal Of The Facts Of The Present Shows That The Order Of The Ld.Cit(A) Is An Ex-Parte Order. Ld. Ar Submitted That The Issues Involved In The Appeal Of The Assessee May Be Restored To The File Of Ld.Cit(A) As The Relevant Documents Are Required To Be Examined, However, The Ld.Ar Has 2

For Appellant: Shri Abhishek Bansal, FCAFor Respondent: Ms. Archana Gupta, Addl.CIT-Sr. DR

George Mathan, JM: This is an appeal filed by the revenue against the order passed by the ld.CIT(A), National Faceless Appeal Centre (NFAC), Delhi, dated 30.03.2025 for the assessment year 2014-2015. 2. Shri Abhishek Bansal, ld. AR appeared on behalf of the assessee and Ms. Archana Gupta, Sr.DR