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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

Omkar Ramchandra Velhal, Kolhapur vs. Income Tax Officer, Ward 1(1), Kolhapur

In the result, appeal of the assessee is Partly Allowed

ITA 672/PUN/2025[2015-16]Status: DisposedITAT Pune31 Jul 2025AY 2015-16

Bench: Shri Vinay Bhamore & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.672/Pun/2025 निर्धारण वर्ष / Assessment Year: 2015-16 Omkar Ramchandra Velhal, V The Income Tax Officer, Plot No.183/3, Omkar Near S Ward-1(1), Kolhapur. Ganga Hospital, A Ward Dudhali, Kolhapur – 416012. Maharashtra. Pan: Asipv6553D Appellant/ Assessee Respondent / Revenue Assessee By Revenue By Date Of Hearing None Shri Aknath Abhang – Addl.Cit(Dr) 23/07/2025 Date Of Pronouncement 31/07/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2015-16 Dated 21.01.2025, Emanating From Order U/S.147 Read With Section 144B Of The Income Tax Act, 1961, Dated 31.01.2023. The Assessee Has Raised Following Grounds Of Appeal :

Section 144BSection 147Section 148Section 148ASection 149Section 149(1)(b)Section 250Section 68

आदेश/ ORDER PER DR. DIPAK P. RIPOTE, AM: This is an appeal filed by Assessee against the order of ld.Commissioner of Income Tax(Appeal)[NFAC], passed under section 250 of the Income Tax Act, 1961 for the A.Y.2015-16 dated 21.01.2025, emanating from order u/s.147 read with section 144B ... Rs.50 lakhs or more, u/sec. 149(1)(b), as amended vide Finance Act, 2021 w.e.f. 01.04.2021. 2. Jurisdiction: The assessment order passed by the NFAC is invalid and beyond its jurisdiction, as the reassessment proceedings were initiated by the jurisdictional Assessing Officer. The entire reassessment proceedings may kindly be quashed

Late Abdul Rahiman Ibrahim Patait L/H Mujeeb Patait, Ratnagiri vs. Income Tax Officer, Ratnagiri

In the result, appeal of the assessee is allowed

ITA 1570/PUN/2025[2017-18]Status: DisposedITAT Pune31 Jul 2025AY 2017-18

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1570/Pun/2025 िनधा"रण वष" / Assessment Year: 2017-18 Late Abdul Rahiman Ibrahim V The Income Tax Officer, Patait Through Legal Heir S Ward-1, Ratnagiri. Mujeeb Abdul Patait, 318, Kanhe Mohala, Ap Kanhe, Tal Chiplun, Ratnagiri-415604. Pan: Adspp6791D Appellant/ Assessee Respondent / Revenue Assessee By None Revenue By Shri Arvind Renge – Addl.Cit(Dr) Date Of Hearing 28/07/2025 Date Of Pronouncement 31/07/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By Mr.Mujeeb Patait As Legal Heir Of Late Abdul Rahiman Ibrahim Patait, Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 For The A.Y.2017-18 Dated 25.03.2025, Emanating From Order U/S.147 R.W.S 144 Of The Income

Section 142(1)Section 147Section 159Section 250

appeal filed by Mr.Mujeeb Patait as Legal Heir of Late Abdul Rahiman Ibrahim Patait, against the order of ld.Commissioner of Income Tax(Appeal)[NFAC], passed under section 250 of the Income Tax Act, 1961 for the A.Y.2017-18 dated 25.03.2025, emanating from order u/s.147 r.w.s 144 of the Income ITA No.1570/PUN/2025 ... hence needs to be quashed. 2. ON the facts and circumstances of the case an in law the CIT(A), NFAC erred in confirming the action of the AO, Ward 1, Ratnagiri (Hereinafter referred to as the AO) of making addition of interest income in the hands of the appellant