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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

DCIT, Circle 4(2), New Delhi vs. Bits N Bytes Soft Pvt Ltd, New Delhi

ITA 880/DEL/2025[2018-19]Status: HeardITAT Delhi13 Aug 2025AY 2018-19

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2018-19 Dcit, Vs Bits N Bytes Soft Pvt. Ltd., Circle-4(2), 6020, Sector B/8, Delhi. Vasant Kunj, Delhi – 110 070. Pan: Aadcb1497L (Appellant) (Respondent) Assessee By : Shri Tanmay Bhatnagar, Advocate & Shri Shivam Gupta, Advocate Revenue By : Shri Vipul Kashyap, Sr. Dr Date Of Hearing : 06.08.2025 Date Of Pronouncement : 13.08.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Revenue Against The Order Dated 19.12.2024 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/2017-18/10039043 Arising Out Of The Appeal Before It Against The Order Dated 24.02.2021 Passed U/S 143 (3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) By The National E- Assessment Centre (Hereinafter Referred To As The Ld. Ao). 2. On Hearing Both The Sides, We Find That An Addition Was Made U/S 68 Of The Income-Tax Act, 1961 On Account Of Receipt Of Share Premium In The Form Of Foreign Direct Investment From Two Non-Resident Investors, Chalet Llc & Ba India. The Nfac Has Allowed The Appeal Of The Assessee By Following The Determination Of The Issue With Regard To Genuineness Of Transaction By Following The Findings Of The Cit(A) For Ay 2017-18. The Ld. Ar Has Pointed Out Before Us That The Revenue’S Appeal For Ay 2017-18 In Ita No.332/Del/2023 Stands Dismissed By Order Dated 30.06.2025 By A Coordinate Bench Accepting Genuineness Of Transaction, Including The Identity Of The Investors, Who Are Common Here. That Being The State Of Affairs, There Is No Substance In The Grounds As Raised. The Appeal Of The Revenue Is Without Any Merits & The Same Is Dismissed.

For Appellant: Shri Tanmay Bhatnagar, Advocate &For Respondent: Shri Vipul Kashyap, Sr. DR
Section 143Section 68

ORDER PER ANUBHAV SHARMA, JM: This appeal is preferred by the Revenue against the order dated 19.12.2024 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/2017-18/10039043 arising out of the appeal ... account of receipt of share premium in the form of foreign direct investment from two non-resident investors, Chalet LLC and BA India. The NFAC has allowed the appeal of the assessee by following the determination of the issue with regard to genuineness of transaction by following the findings