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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

Super Packagers, Kanpur, Uttar Pradesh vs. Income Tax Officer - 1(3)(4), Kanpur, Uttar Pradesh

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

ITA 132/LKW/2025[2017-18]Status: DisposedITAT Lucknow31 Jul 2025AY 2017-18

Bench: Sh. Subhash Malguria & Sh. Nikhil Choudharya.Y. 2017-18 Super Packagers, Vs. The Income Tax Officer, 80/72, Latouch Road, Ganga Oil Ward-1(3)(4), Kanpur 208001 Mill Compound, Kanpur-208001 Pan:Abtfs2620L (Appellant) (Respondent) Assessee By: Sh. Rakesh Garg, Adv Revenue By: Sh. Puneet Kumar, Cit Dr Date Of Hearing: 15.07.2025 Date Of Pronouncement: 31.07.2025 O R D E R Per Nikhil Choudhary, A.M.: [ This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Nfac Passed Under Section 250 Of The Income Tax Act, 1961, Dated 10.12.2024, Dismissing The Appeal Of The Assessee Against The Assessment Order Passed By The Ld. Ao Under Section 144 On 25.11.2019. The Grounds Of Appeal Are As Under:- “1. Learned Cit(A) Has Erred In Law & On Facts Of The Case In Passing The Impugned Order Dated 10/12/2024 Ex-Parte & Without Deciding The Appeal On Merits. 2. Learned Ao Has Erred In Law & On Facts Of The Case While Passing The Impugned Order Dated 25/11/2019 & Learned Cit(A) Has Upheld Because The Assessment In The Present Case Has Been Carried Out In Respect Of A Non-Existent Entity & Is Thus Void-Ab-Initio. 3. Because, The Present Case Being Of Dual Pan No. Abtfs2620L One Relating To Partnership Firm (Which Ceased To Exist From 01/04/2011) & The Other Relating To The Individual Person (Pan Aaqpj2279Q), Transaction Taken Place In The Bank With Respect To The Pan Of The Partnership Firm Having All Been Disclosed & Assessed In The Return Filed Under Pan Aaqpj2279Q. There Has Been No Escapement Of Income, The Addition Of Rs.93,90,793/- Made Be Deleted.

For Appellant: Sh. Rakesh Garg, AdvFor Respondent: Sh. Puneet Kumar, CIT DR
Section 115BSection 139(1)Section 142(1)Section 144Section 2Section 250Section 69A

NIKHIL CHOUDHARY, A.M.: [ This is an appeal filed by the assessee against the order of the ld. CIT(A), NFAC passed under section 250 of the Income Tax Act, 1961, dated 10.12.2024, dismissing the appeal of the assessee against the assessment order passed by the ld. AO under section ... brought the same to tax under section 115BBE. 3. Aggrieved with this assessment order, the assessee went in appeal before the ld. CIT(A), NFAC. Before the ld. CIT(A), NFAC, it was submitted that the assessee was a partnership firm bearing PAN No. ABTFS2620L which ceased its business