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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

Assistant Commissioner of Income Tax, Circle-25(1), Delhi vs. Unison Hotels Private Limited, Delhi

In the result, appeal of the Revenue is dismissed

ITA 4471/DEL/2024[2014-15]Status: DisposedITAT Delhi04 Aug 2025AY 2014-15

Bench: Ms.Madhumita Roy & Shri Manish Agarwal[Assessment Year : 2014-15] Acit, Vs Unison Hotels Pvt.Ltd., Cirlce-25(1), Plot No.2, Nelson Mandela Road, Delhi Vasant Kunj, Phase-2Nd, New Delhi-110070. Pan-Aaacu0455C Appellant Respondent Revenue By Shri Virender Kumar Singh, Sr.Dr Assessee By Ms. Kavita Jha, Sr.Adv., Shri Himanshu Agarwal, Adv. & Shri Akash Shukla, Adv. Date Of Hearing 06.05.2025 Date Of Pronouncement 04.08.2025 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Revenue Against The Order Dated 12.08.2024 Passed By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld.Cit(A)”] In Appeal No. Cit(A), Delhi-8/10712/2016-17 U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Order Dated 23.12.2016 Passed U/S 143(3) Of The Act Pertaining To Assessment Year 2014-15. 2. Brief Facts Of The Case Are That The Assessee Is A Private Limited Company & Is Running Hotels. The Return Of Income Was E-Filed On 29.11.2014, Declaring Total Income At Inr 7,21,35,196/-. The Case Was Selected For Scrutiny Under Cass By Way Of Issue Of Notice U/S 143(2) Of The Act On 01.09.2015. Thereafter, Various Notices Were Issued From Time To Time & Submissions Were Taken From The Assessee & Finally, The Assessment Was Completed At An Income Of Inr 30,38,83,394/- By Making Various Additions/Disallowances.

Section 143(2)Section 143(3)Section 14ASection 250Section 36(1)(vii)

present appeal is filed by the Revenue against the order dated 12.08.2024 passed by Ld. Commissioner of Income Tax (A), National Faceless Appeal Centre (“NFAC”), Delhi [“Ld.CIT(A)”] in Appeal No. CIT(A), Delhi-8/10712/2016-17 u/s 250 of the Income Tax Act, 1961 [“the Act”] arising from the order ... Tribunal, by taking following grounds of appeal:- 1. “Whether, on the facts and circumstances of the case and in law the Ld. CIT(A), NFAC has erred in deleting the addition of Rs. 4,02,52,637/- on account of disallowance of bad debt written off. 2. Whether

Income Tax Officer, Income Tax Office, Feroj Khimjibhai Complex, Belagavi vs. S G Copper Products Pvt Ltd, Vaze Galli, M Vadgaon, Bgm

In the result, the appeal filed by the revenue and the cross objections of the assessee are allowed for statistical purposes

ITA 166/PAN/2023[2017-18]Status: DisposedITAT Panaji01 Aug 2025AY 2017-18

Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. Nos.166/Pan/2023 & C.O.No.4/Pan/2024 (A.Y. 2017-18 ) I T O Ward -1 Vs S G Copper Products Civil Hospital Road, Pvt Limited, . Belgaum-590001. 125/A, Vazegalli, Karnataka. Vadgaon, Belgaum-590005, Karnataka. Pan .No. Aancs3201P (अपीलाथ"/Appellant) (""यथ"/Respondent) Revenue By Smt.Rijula Uniyal .Sr.Dr Assessee By Shri. Mahantesh K Hospeth.Ar सुनवाई क" तार"ख/Date Of Hearing 31.07.2025 घोषणा क" तार"ख/Date Of Pronouncement 01.08.2025 Order Per Bench: The Appeal Is Filed By The Revenue Against The Order Of The Nfac Delhi/Cit(A) Passed U/Sec 143(3) & U/Sec 250 Of The Act. & The Assessee Has Filed Cross Objection. 2.At The Time Of Hearing, The Ld.Ar Of The Assessee Submitted That There Is A Delay In Filing The Cross Objections Before The Hon’Ble Tribunal & The Assesse Has Filed An Affidavit For Condonation Of Delay. Whereas, The Facts Mentioned Are Reasonable & The Ld. Dr Has No Specific Objections. Accordingly, We Condone The Delay & Admit The Cross Objections. The Revenue Has Raised

घोषणा क" तार"ख/Date of Pronouncement 01.08.2025 ORDER PER BENCH: The appeal is filed by the revenue against the order of the NFAC Delhi/CIT(A) passed u/sec 143(3) and u/sec 250 of the Act. And the assessee has filed Cross Objection. 2.At the time of hearing, the Ld.AR

Krishna Developers, Junagadh vs. The Joint Commissioner of Income Tax Junagadh Range, Junagadh

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

ITA 425/RJT/2024[2012-13]Status: DisposedITAT Rajkot01 Aug 2025AY 2012-13

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकरअपीलसं./Ita No.425/Rjt/2024 ("नधा"रणवष" / Assessment Year: (2012-13) (Hybrid Hearing) Krishna Developers Vs. The Joint Commissioner Of Income 1St Floor, Business Centre, Bud Stand, Tax Junagadh Range, L.B.S. Society, Income Tax Office, Junagadh – 362210 Junagadh "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaefk0952H (Appellant) (Respondent) Appellant By : Shrimehul Ranpura, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr Date Of Hearing : 04/06/2025 Date Of Pronouncement : 01/08/2025 आदेश / O R D E R Per Dinesh Mohan Sinha, Jm:

For Appellant: ShriMehul Ranpura, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 143(1)Section 143(2)Section 143(3)Section 145(3)Section 250Section 44A

rejecting book results and invoking provisions of section 145(3) of the Income Tax Act, 1961 and The Commissioner of Income Tax (Appeals) NFAC has erred on facts and in law in confirming the same. Krishna Developers v. ITO 2. Ld. Assessing officer has erred on facts ... making addition of Rs.1,25,37,824/- by estimating income @ 8% on self-executed work and The Commissioner of Income Tax (Appeals) NFAC has erred on facts and in law in confirming the same. 3. Ld. Assessing officer has erred on facts and in law in making addition of Rs.40