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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

Manju Enterprises Pvt Ltd., New Delhi vs. ITO Ward 16(2), New Delhi

In the result, the appeal is considered dismissed as withdrawn

ITA 535/DEL/2024[2012-13]Status: HeardITAT Delhi05 Aug 2025AY 2012-13

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2012-13 Manju Enterprises Pvt. Ltd., Vs Ito, J-209/3, Lane-15, Ward-16(2), Western Avenue, New Delhi. Sainik Farm, New Delhi – 110 062. Pan: Aaacm4887E (Appellant) (Respondent) Assessee By : Ms Krishma Rathore, Advocate & Shri Akash Ojha, Advocate Revenue By : Shri Vipul Kashyap, Sr. Dr Date Of Hearing : 05.08.2025 Date Of Pronouncement : 05.08.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 10.01.2024 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.Cit(A), Delhi-6/10165/2017-18 Arising Out Of The Appeal Before It Against The Order Dated 15.11.2017 Passed U/S 263 R.W.S.143(3) Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) By The Ito, Ward 16(2), New Delhi (Hereinafter Referred To As The Ld. Ao). 2. At The Time Of Hearing The Ld. Counsel, Vide An Application Placed On Record, Submitted Out On Behalf Of The Assessee That The Assessee Has Approached The Competent Authority For Taking Benefit Of Direct Tax Vivad Se Vishwas Scheme, 2024 By Submitting Form 1. It Was Also Brought To Our Knowledge That Relevant Form No.2 Has Been Issued In Favour Of The Assessee. The Assessee, In Compliance Of Form-2 Has Also Deposited The Amount Payable As Computed In Form-2 & The Challan Depicting The Same Was Also Enclosed With The Said Letter. It Was Also Submitted That The Appeal Will Be Settled According To The Direct Tax Vivad Se Vishwas Scheme, 2024 And, Therefore, A Request Was Made For Withdrawal Of The Appeal With Liberty To Approach The Tribunal In Case The Appeal Is Not Settled. The Ld. Dr Had No Objection To The Withdrawal.

For Appellant: Ms Krishma Rathore, Advocate &For Respondent: Shri Vipul Kashyap, Sr. DR
Section 263

ORDER PER ANUBHAV SHARMA, JM: This appeal is preferred by the assessee against the order dated 10.01.2024 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.CIT(A), Delhi-6/10165/2017-18 arising