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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

Bharat Jain, Sarita Vihar, New Delhi vs. AO/ADIT-CPC Bengaluru, Civic Centre, New Delhi

In the result, the appeal filed by the assessee is allowed

ITA 4986/DEL/2024[2020-21]Status: DisposedITAT Delhi06 Aug 2025AY 2020-21

Bench: Shri Satbeer Singh Godara & Shri S.Rifaur Rahmanbharat Jain, Vs. Adit – Cpc, Flat No.133, Pocket G, Sfs Flats, Bengaluru. Maharaja Agarsen Marg, Sarita Vihar, New Delhi – 110 076. (Pan : Aaapj4180E) (Appellant) (Respondent) Assessee By : Shri Nitin Kanwar, Advocate Shri Shivam Jain, Advocate Shri Rajiv Kumar, Advocate Revenue By : Shri Ramesh Chand, Sr. Dr Date Of Hearing : 14.05.2024 Date Of Order : 06.08.2024 O R D E R Per S.Rifaur Rahman: 1. This Appeal Has Been Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre (Nfac) [“Ld. Cit(A)”, For Short] Dated 28.08.2024 For The Assessment Year 2020-21. 2. At The Time Of Hearing, Ld. Ar Of The Assessee Brought To Our Notice Return Of Income Filed By The Assessee For The Ay 2020-21 Wherein The Status Of 2 The Assessee Was Clearly Mentioned As Non-Resident As Residential Status Of The Assessee In Itr 3 Filed On 16.12.2020 With The Acknowledgement No.826193800161220. With The Above Facts On Record, He Submitted That The Authorities Below Proceeded To Apply The Provisions Of Section 44Ada Of The Income-Tax Act, 1961 (For Short ‘The Act’) For The Reason That Assessee Has Not Maintained Proper Books Of Account For Carrying On The Professional Activities, Therefore, They Applied The Presumptive Tax @ 50%. He Submitted That Provisions Of Section 44Ada Are Not Applicable To The Non-Resident & It Was Wrongly Applied In Assessee’S Case. He Further Submitted That The Ld. Cit (A) Dismissed The Appeal By Observing As Under:-

For Appellant: Shri Nitin Kanwar, AdvocateFor Respondent: Shri Ramesh Chand, Sr. DR
Section 143(1)Section 154Section 30Section 44A

MEMBER : 1. This appeal has been filed by the assessee against the order of ld. Commissioner of Income Tax (Appeals)/National Faceless Appeal Centre (NFAC) [“ld. CIT(A)”, for short] dated 28.08.2024 for the Assessment Year 2020-21. 2. At the time of hearing, ld. AR of the assessee brought

Deputy Commissioner of Income Tax, New Delhi vs. Adaab Hotels Ltd, Delhi

In the result, the appeal filed by the Revenue is dismissed

ITA 4677/DEL/2024[2017-18]Status: DisposedITAT Delhi06 Aug 2025AY 2017-18

Bench: Shri Satbeer Singh Godara & Shri S. Rifaur Rahmandcit, Vs. Adaab Hotels Limited, New Delhi. 81, Adchini, Sr. Aurobindo Marg, Delhi – 110 016. (Pan : Aabca0850G) (Appellant) (Respondent) Assessee By : Shri Ankit Kumar, Advocate Shri Parth Singhal, Advocate Revenue By : Shri Ramesh Chand, Sr. Dr Date Of Hearing : 13.05.2025 Date Of Order : 06.08.2025 O R D E R Per S.Rifaur Rahman: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] Dated 09.08.2024 For Assessment Year 2017-18 Raising Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Deleting The Addition Of Rs 1,70,52,504/- Made U/S 68 Of The Act Without Appreciating The Fact That The Assessee Company Has Failed To Produce The Relevant Document As Required By The Assessing Officer During The Assessment Proceedings. 2. On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Has Erred In Deleting The Addition Of Rs.1,70,52,504/- Made U/S 68 Of The Act By Ao, On The Basis Of Fresh/New Evidences Produced By The Assessee During The Appellate Proceedings Without Appreciating The Facts That The Assessee Has Failed To Produce

For Appellant: Shri Ankit Kumar, AdvocateFor Respondent: Shri Ramesh Chand, Sr. DR
Section 143(1)Section 68

ACCOUNTANT MEMBER : 1. This appeal is filed by the assessee against the order of ld. Commissioner of Income-tax (Appeals)/National Faceless Appeal Centre (NFAC), Delhi [hereinafter referred to as ‘ld. CIT (A)] dated 09.08.2024 for Assessment Year 2017-18 raising following grounds of appeal :- “1. On the facts