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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

Rajesh Singh Negi, Nanital vs. The Income Tax Officer Ward 2(3)(1) Nanital, Nanital

In the result, appeal of the assessee stands partly allowed

ITA 92/DDN/2025[2017-18]Status: DisposedITAT Dehradun14 Aug 2025AY 2017-18

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwalincome Tax Officer, Rajesh Singh Negi, Ward-2(3)(1), House No.50, Vs. Nanital. Jind State, Ward No.3, Nainital, Uttarakhand-263136 Pan-Aakpn3462D (Appellant) (Respondent) Assessee By Shri Saurabh Gupta, Ca Department By Shri Aman Pal Singh, Jcit-Dr Date Of Hearing 07/08/2025 Date Of Pronouncement 14/08/2025 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (‘The Ld. Cit(A)’ For Short) In Appeal No. Nfac/2016-17/10008911 Dated 13.08.2024 For Assessment Year 2017-18. 2. At The Outset, From The Perusal Of The Appellate Order, It Is Seen That The Appeal Is Filed Delayed By 193 Days, For Which Delay Condonation Petition Along With An Affidavit Of Assessee Is Filed. In The Said Petition It Is Stated That The Assessee Was Under Bonafide Rajesh Singh Negi Vs. Ito Impression That The Counsel Of The Assessee Who Was Handling The Appeal Was Taken Care Of The Appellate Proceedings. However, Counsel Had Not Communicated The Status Of The Appeal, Therefore & When The Assessee Pursued Him, It Has Come To The Knowledge That The Appeal Was Already Dismissed Ex-Parte By Ld. Cit(A). Thus, The Delay In Filing The Appeal Before The Tribunal Had Occurred. It Was Further Submitted That The Delay Was Neither Intentional Nor Deliberate & Solely Due To The Failure On The Part Of The Counsel To Communicate The Status & Out Come Of The Appeal Before Cit(A) In Timely Manner, Therefore, The Assessee Requested For Condonation Of Delay. In This Regard Reliance Is Also Placed In The Case Of N. Balakrishnan Vs. M. Krishnamurthy [1998] 7 Scc 123 (Sc) & Collector Of Land Acquisition Vs. Mst. Katiji [1987] 167 Itr 471 (Sc).

MANISH AGARWAL, AM: This appeal is filed by the Assessee against the order of Ld. Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi (‘the Ld. CIT(A)’ for short) in Appeal No. NFAC/2016-17/10008911 dated 13.08.2024 for Assessment Year 2017-18. 2. At the outset, from the perusal

M/S. Binapani Iron Store, Berhampur vs. The Income Tax Officer, Ward-1, Berhampur

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

ITA 339/CTK/2025[2017-18]Status: DisposedITAT Cuttack14 Aug 2025AY 2017-18

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.339/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2017-2018) M/S Binapani Iron Store, Vs Ito Ward-1, Berhampur At: Gate Bazar, Po/Ps:Aska Road Dist : Berhampur-760001 Pan No. : Aayfm 2901 J (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Shri P.K.Mishra, Advocate राजस्व की ओर से /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 14/08/2025 घोषणा की तारीख/Date Of Pronouncement : 14/08/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order, Dated 27.02.2025 Passed By The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2017-2018. 2. The Appeal Of The Assessee Is Barred By 33 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Supported With An Affidavit Stating Therein Sufficient Reasons For Delay, Which Are Plausible & Not Found To Be False. Ld. Sr. Dr Also Did Not Raise Any Serious Objection To Condone The Delay. Accordingly, Delay Of 33 Days In Filing The Present Appeal By The Assessee Is Condoned & The Appeal Is Admitted For Hearing.

For Appellant: Shri P.K.Mishra, AdvocateFor Respondent: Shri Vijay Singh, Sr. DR

Bench : This is an appeal filed by the assessee against the order, dated 27.02.2025 passed by the ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi for the assessment year 2017-2018. 2. The appeal of the assessee is barred by 33 days. In this regard, the assessee has filed

Jyoti Ranjan Biswal, Angul vs. The Income Tax Officer, Angul Ward, Angul

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

ITA 313/CTK/2025[2018-19]Status: DisposedITAT Cuttack14 Aug 2025AY 2018-19

Bench: Shri George Mathan & Shri Rajesh Kumarआयकर अपील सं/Ita No.313/Ctk/2025 (नििाारण वर्ा / Assessment Year : 2018-2019) Jyoti Ranjan Biswal, Vs Ito Angul Ward, Angul S/O: Gour Chandra Biswal, At”: Bantol, Po: Talcher Rly Stn. Dist : Angul-759102, Odisha Pan No. : Auhpb 6966 B (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri P.K.Mishra, Advocate राजस्व की ओर से /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 14/08/2025 घोषणा की तारीख/Date Of Pronouncement : 14/08/2025 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order, Dated 04.04.2025 Passed By The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2018-2019. 2. It Was Submitted By The Ld Ar That The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee Without Providing Any Sufficient Opportunity Of Being Heard To The Assessee. It Was The Prayer That The Matter May Be Restored To The File Of Ld. Ao To Decide The Issue Involved In This Appeal Afresh So That The Assessee Could Be Able To Produce All The Evidence To Substantiate His Claim.

For Appellant: Shri P.K.Mishra, AdvocateFor Respondent: Shri Vijay Singh, Sr. DR

Bench : This is an appeal filed by the assessee against the order, dated 04.04.2025 passed by the ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi for the assessment year 2018-2019. 2. It was submitted by the ld AR that the ld. CIT(A) has dismissed the appeal