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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

Sanjeev Kumar, Patna vs. ITO, Ward- 6 (1), Patna

The appeal of the assessee is allowed for statistical purposes

ITA 264/PAT/2025[2014-15]Status: DisposedITAT Patna01 Sept 2025AY 2014-15

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.264/Pat/2025 Assessment Year: 2014-15 Sanjeev Kumar...……………………………. …………………....Appellant Om Enterprises, Main Bazar, Bihta, Bihar- 801503. [Pan: Aswpk7096A] Vs. Ito, Ward-6(1), Patna……..…..……………..………………….…..... Respondent Appearances By: None Appeared On Behalf Of The Appellant. Smt. Rinku Singh, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 19, 2025 Date Of Pronouncing The Order : September 1St, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal By The Assessee Is Directed Against The Order Dated 17.01.2025 Passed By The Nfac Under Section 250 Of The Income-Tax Act, 1961. 2. At The Outset, It Is Noted That There Is A Delay Of 56 Days In Filing The Present Appeal Before The Tribunal. The Assessee Has Filed A Condonation Petition Explaining The Reasons Or Such Delay. After Considering The Submissions & Materials On Record, We Are Satisfied That There Was Reasonable Cause For The Delay In Filing The Appeal. Accordingly, The Said Delay Is Condoned & The Appeal Is Admitted For Adjudication.

Section 250

आदेश / ORDER Per Sonjoy Sarma, Judicial Member: This appeal by the assessee is directed against the order dated 17.01.2025 passed by the NFAC under section 250 of the Income-tax Act, 1961. 2. At the outset, it is noted that there is a delay of 56 days in filing

Rubi Kumari, Samastipur vs. ITO, Ward- 3 (3), Samastipur

The appeal of the assessee is allowed for statistical purposes

ITA 263/PAT/2025[2017-18]Status: DisposedITAT Patna01 Sept 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.263/Pat/2025 Assessment Year: 2017-18 Rubi Kumari….……………………………. …………………....Appellant C/O Maa Tarini Auro Services, Belsanditara, Bibhutipur, Samastipur, Bihar- 848207. [Pan: Akupk7000Q] Vs. Ito, Ward-3(3), Samastipur…..……………..………………….…..... Respondent Appearances By: None Appeared On Behalf Of The Appellant. Smt. Rinku Singh, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 19, 2025 Date Of Pronouncing The Order : September 1St, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal By The Assessee Is Directed Against The Order Dated 20.03.2025 Passed By The Nfac Under Section 250 Of The Income-Tax Act, 1961. 2. Brief Facts Of The Case Ate That The Assessee Is An Individual & Derived Her Income From Petrol Pump. For The Assessment Year 2017- 18, The Assessee Filed Her Return Of Income Declaring Total Income Of Rs.9,75,504/-. The Assessing Officer Found During The Assessment Proceedings That There Was Discrepancy In Disclosing Of Closing Stock Amounting To Rs.264871/- & The Assessee Had Unexplained Expenditure Of Rs.10,68,685/- & The Assessee Received Undisclosed Interest From Investments Of Rs.31,006/- & There Was

Section 250

आदेश / ORDER Per Sonjoy Sarma, Judicial Member: This appeal by the assessee is directed against the order dated 20.03.2025 passed by the NFAC under section 250 of the Income-tax Act, 1961. 2. Brief facts of the case ate that the assessee is an individual and derived her income from

Dineshwar Prasad, Sarvadya Kamla Apartment, Boring Road vs. Deputy Commissioner of Income Tax, Circle-4, Patna, Not Known

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

ITA 250/PAT/2025[2014-15]Status: DisposedITAT Patna01 Sept 2025AY 2014-15

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.250/Pat/2025 Assessment Year: 2014-15 Dineshwar Prasad.………………………. …………………....Appellant Sarvadya Kamla Apartment, An Path, North S K Puri, Boring Road, Patna - 800013. [Pan: Acwpp8473C] Vs. Dcit, Circle-4, Patna…..…..……………..………………….…..... Respondent Appearances By: Shri S.S.P Singh, Fca Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 18, 2025 Date Of Pronouncing The Order : September 1St, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal By The Assessee Is Directed Against The Order Dated 21.02.2023 Passed By The Nfac, Delhi Under Section 250 Of The Income-Tax Act, 1961. 2. At The Outset, It Is Noted That There Is A Delay Of 749 Days In Filing The Present Appeal Before The Tribunal. The Assessee Has Filed A Condonation Petition Explaining The Reasons Or Such Delay. After Considering The Submissions & Materials On Record, We Are Satisfied That There Was Reasonable Cause For The Delay In Filing The Appeal. Accordingly, The Said Delay Is Condoned & The Appeal Is Admitted For Adjudication.

Section 250Section 69

आदेश / ORDER Per Sonjoy Sarma, Judicial Member: This appeal by the assessee is directed against the order dated 21.02.2023 passed by the NFAC, Delhi under section 250 of the Income-tax Act, 1961. 2. At the outset, it is noted that there is a delay of 749 days in filing

Sanjay Kumar Sharma, Bhagalpur vs. PCIT-1, Patna

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

ITA 209/PAT/2025[2013-14]Status: DisposedITAT Patna01 Sept 2025AY 2013-14

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.209/Pat/2025 Assessment Year: 2013-14 Sanjay Kr. Sharma…………………………. …………………....Appellant S/O Chidanand Sharma, Radha Rani Sinha Road, Adampur, Bhagalpur, Bihar- 812001... [Pan: Awips0681B] Vs. Ito, Ward-1(1), Bhagapur..…..……………..………………….…..... Respondent Appearances By: Shri Sudipta Sannigrahi, Ca Appeared On Behalf Of The Appellant. Smt. Rinku Singh, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 20, 2025 Date Of Pronouncing The Order : September 01, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal By The Assessee Is Directed Against The Order Dated 28.02.2025 Passed By The Nfac Under Section 250 Of The Income-Tax Act, 1961. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed Return Of Income For The Assessment Year 2013–14 Declaring Total Income Of Rs.10,60,000/-. The Case Of The Assessee Was Reopened By Issuing Notice U/S 148 Of The Act After Obtaining Due Approval. Subsequently, The Assessing Officer Completed The Assessment By Passing Order U/S 147 R.W.S. 144B Of The Act By Making An Addition Of Rs.20,87,245/- On Account Of Undisclosed Credits.

Section 147Section 148Section 250

आदेश / ORDER Per Sonjoy Sarma, Judicial Member: This appeal by the assessee is directed against the order dated 28.02.2025 passed by the NFAC under section 250 of the Income-tax Act, 1961. 2. Brief facts of the case are that the assessee is an individual and filed return of income

Bipin Kumar, Vaishali vs. ITO Ward 1(3), Vaishali

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

ITA 463/PAT/2024[2017-18]Status: DisposedITAT Patna01 Sept 2025AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.463/Pat/2024 Assessment Year: 2017-18 Bipin Kumar….……………………………. …………………....Appellant Patepur Paura Kartaha Vaishali Bihar 844117, Bihar-844117. [Pan: Bnepk5098Q] Vs. Ito, Ward-1(3), Vaishali.…..……………..………………….…..... Respondent Appearances By: Shri Ravi Shankar, Adv., Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 18, 2025 Date Of Pronouncing The Order : September 1St, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal By The Assessee Is Directed Against The Order Dated 05.01.2024 Passed By The Nfac Under Section 250 Of The Income-Tax Act, 1961. 2. Brief Facts Of The Case Are That Notice U/S 142(1) Of The Act Was Issued For Calling Return Of Income For The Assessment Year 2017-18. However, The Assessee Failed To Furnish His Return Of Income For The Assessment Year In Question Either U/S 139 On Or Before 31.03.2018 & Failed To Furnish Itr In Response To Notice Issued U/S 142(1) Of The Act. Later On, The Assessing Officer Got Information That The Assessee Has Deposited Total Cash Amounting To Rs.83,67,203/- In His Bank Account During The Demonetisation Period. As There Was No Compliance On Behalf Of The Assessee, The Assessing Officer Treated The Entire Cash

Section 115BSection 139Section 142(1)Section 250Section 69A

आदेश / ORDER Per Sonjoy Sarma, Judicial Member: This appeal by the assessee is directed against the order dated 05.01.2024 passed by the NFAC under section 250 of the Income-tax Act, 1961. 2. Brief facts of the case are that notice u/s 142(1) of the Act was issued

Vikas Oil Mill, Khairthal vs. ITO Ward 1(5), Alwar

In the result, the appeal of the assessee is allowed

ITA 721/JPR/2025[2011-12]Status: DisposedITAT Jaipur01 Sept 2025AY 2011-12

Bench: SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member), SHRI NARINDER KUMAR, JM आयकर अपील सं. / ITA No. 721/JP/2025 निर्धारण वर्ष / Assessment Year : 2011-12 M/s Vikas Oil Mill बनाम ITO, Ward 1(5), Alwar G-26/27, Ind. Area, Khairthal, Vs.301404, Alwar स्थायी लेखा सं./जीआईआर सं./PAN/GIR No.: AABFV2322F अपीलार्थी / Appellant प्रत्यर्थी / Respondent निर्धारिती की ओर से / Assessee by: Sh. P. C. Parwal, CA राजस्व की ओर से / Revenue by : Sh. Gautam Singh Choudhary, JCIT सुनवाई की तारीख / Date of Hear

For Appellant: Sh. P. C. Parwal, CAFor Respondent: Sh. Gautam Singh Choudhary, JCIT
Section 143(3)Section 263

which are illegal and against the facts on without providing any opportunity to the assessee before making the addition and the Ld. CIT(A) NFAC has erred in sustaining the same . 2. The Ld. Assessing officer has erred in law as well as on the facts and circumstances ... earlier year and the necessary evidences were submitted before the AO during the course of assessment proceedings and the Ld. CIT(A) NFAC has erred in sustaining the same . 3. The assessee reserves its right to addition, alter, modify, delete or amend all or any of the grounds of appeal

Labh Singh, Panchkula vs. Income Tax Officer Ward No 2, Panchkula

In the result, the appeal of the Assessee is allowed

ITA 723/CHANDI/2025[2011-12]Status: HeardITAT Chandigarh01 Sept 2025AY 2011-12

Bench: Shri Laliet Kumarआयकर अपील सं./ Ita No. 723/Chd/2025 "नधा"रण वष" / Assessment Year : 2011-12 Labh Singh, Ito, C/O M.K.Aggarwal & बनाम Ward 2, Associates, Panchkula Vs. Sco 1,First Floor, Sector 11, Panchkula "थायी लेखा सं./Pan No: Didps5445F अपीलाथ"/Appellant ""यथ"/Respondent ( Hybrid Hearing ) "नधा"रती क" ओर से/Assessee By : Sh Rishab Gupta, Ca राज"व क" ओर से/ Revenue By : Smt. Surinder Kaur Waraich, Addl. Cit, Sr. Dr (Virtual) सुनवाई क" तार"ख/Date Of Hearing : 28-08-2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 01-09-2025 आदेश/Order This Appeal By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals), Nfac, Dated 18.09.2023, For The Assessment Year 2011-12. 2. Background

For Appellant: Sh Rishab Gupta, CAFor Respondent: Smt. Surinder Kaur Waraich, Addl. CIT
Section 144Section 147

Pronouncement : 01-09-2025 आदेश/Order This appeal by the assessee is directed against the order of the Commissioner of Income Tax (Appeals), NFAC, dated 18.09.2023, for the assessment year 2011-12. 2. Background The assessee is an agriculturist and an illiterate person residing in a remote village. The assessment ... assessment was completed ex-parte u/s 144 treating the cash deposits as income from undisclosed sources. The CIT(A), NFAC, confirmed the addition for want of verifiable evidence. 3. Submissions of the Assessee 3.1 The learned Authorised Representative (AR) submitted that the cash deposits in the Sarva Haryana Gramin Bank

Income Tax Officer, Ludhiana vs. Anup Bansal, Ludhiana

In the result, Revenue’s appeal is dismissed

ITA 671/CHANDI/2024[2017-18]Status: DisposedITAT Chandigarh01 Sept 2025AY 2017-18

Bench: Shri Laliet Kumar & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 671/Chd/2024 "नधा"रण वष" / Assessment Year : 2017-18 The Ito, Sh. Anoop Bansal, Ward-1(5), बनाम Motia Marvel, Ludhiana Barewal Road, Backside, Vs. Gurudev Hospital, Ludhiana "थायी लेखा सं./ Pan No: Ahgpb5674C अपीलाथ"/Appellant ""यथ"/Respondent ( Physical Hearing ) "नधा"रती क" ओर से/Assessee By : None राज"व क" ओर से/ Revenue By : Smt. Geetinder Mann, Cit Dr सुनवाई क" तार"ख/Date Of Hearing : 16.07.2025 उदघोषणा क" तार"ख/Date Of Pronouncement : 01.09.2025 आदेश/Order Per Krinwant Sahay, Am : Appeal In This Case Has Been Filed By The Assessee Against The Order Dated 09.04.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For A.Y. 2017-18. 2. Grounds Of Appeal Are As Under:

For Appellant: NoneFor Respondent: Smt. Geetinder Mann, CIT DR
Section 115BSection 143Section 156Section 37Section 68

been filed by the assessee against the order dated 09.04.2024 passed by the Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi for A.Y. 2017-18. 2. Grounds of appeal are as under: 1. That the Ld. CIT(A), Ludhiana erred in law, in deleting addition