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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

Raima Toll Road Private Limited, Mumbai vs. DCIT, Circle 3(1)(1), Mumbai

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

ITA 3380/MUM/2025[2018-19]Status: DisposedITAT Mumbai31 Jul 2025AY 2018-19

Bench: Shri Sandeep Gosain & Shri Girish Agrawalassessment Year: 2018-19 Raima Toll Road Private Limited, Deputy Commissioner Of B1-406, Boomerang, Income Tax, Circle - 3(1)(1), Chandivali Farm Road, Mumbai Vs. Sakinaka, Mumbai - 400072 (Pan : Aagcr1492L) (Appellant) (Respondent) Present For: Assessee : Ms. Simran Dhawan, Advocate Revenue : Shri Annavaran Kosuri, Sr. Ar Date Of Hearing : 24.07.2025 Date Of Pronouncement : 31.07.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/250/2024-25/1075067439(1), Dated 26.03.2025 Passed Against The Assessment Order By The National E-Assessment Centre, Delhi, U/S. 143(3) Of The Income-Tax Act (Hereinafter Referred To As The “Act”), Dated 14.04.2021 For Assessment Year 2018-19. 2. Grounds Taken By The Assessee Are Reproduced As Under:

For Appellant: Ms. Simran Dhawan, AdvocateFor Respondent: Shri Annavaran Kosuri, Sr. AR
Section 143(3)Section 250Section 80Section 801ASection 80I

GIRISH AGRAWAL, ACCOUNTANT MEMBER: This appeal filed by the assessee is against the order of Ld. CIT(A), National Faceless Appeal Centre (NFAC), Delhi vide order no. ITBA/NFAC/S/250/2024-25/1075067439(1), dated 26.03.2025 passed against the assessment order by the National e-Assessment Centre, Delhi, u/s. 143(3) of the Income ... Commissioner of Income Tax (Appeals) through National Faceless 2 Raima Toll Road Pvt. Ltd. AY 2018-19 Appeal Centre (NFAC) erred in passing an ex-parte order u/s 250 of the Income Tax Act, 1961 on 26.03.2025 in utter ignorance of the written submissions and paperbook filed by the appellant

Haresh Nagindas Mehta, Mumbai vs. The Income Tax Officer, Ward 26(1)(7), Mumbai

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

ITA 2947/MUM/2025[2012-13]Status: DisposedITAT Mumbai31 Jul 2025AY 2012-13

Bench: Shri Vikram Singh Yadav & Shri Rahul Chaudharyassessment Year : 2012-13 Haresh Nagindas Mehta, The Income Tax Officer, B/6, Samadhan Bldg, Ward-26(1)(7), L.T. Road, Mulund (E), Vs. Kautilya Bhavan, Mumbai-400081. Mumbai-400051. Pan : Aabpm4028K (Appellant) (Respondent) For Assessee : Ms. Neha Paranjpe For Revenue : Shri Surendra Mohan, Sr.Dr Date Of Hearing : 30-07-2025 Date Of Pronouncement : 31-07-2025 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟], Dated 28-02-2025, Pertaining To Assessment Year (Ay) 2012-13. 2. During The Course Of Hearing, The Ld.Ar Submitted That The Assessee Has Moved A Prayer For Admission Of The Following Additional Grounds Of Appeal: “Reopening Is Bad In Law: 1. The Reassessment Proceedings Initiated By The Ao & The Assessment Order Passed Pursuant To The Same Are Bad In Law & Without Jurisdiction

For Appellant: Ms. Neha ParanjpeFor Respondent: Shri Surendra Mohan, Sr.DR
Section 142(1)Section 143(2)Section 144Section 148Section 69A

This is an appeal filed by the assessee against the order of the Learned Commissioner of Income Tax (Appeals)-National Faceless Appeal Centre (NFAC), Delhi [„Ld.CIT(A)‟], dated 28-02-2025, pertaining to Assessment Year (AY) 2012-13. 2. During the course of hearing, the Ld.AR submitted that the assessee

Anshul Gupta, Gurugram vs. Income Tax Officer, Ward 42(2)(1), Mumbai

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

ITA 2527/MUM/2025[2015-16]Status: DisposedITAT Mumbai31 Jul 2025AY 2015-16

Bench: Shri Anikesh Banerjee & Smt. Renu Jauhriआयकर अपील सुं./Ita No. 2527/Mum/2025 (नििाारण वर्ा / Assessment Year: 2015-16) Anshul Gupta V/S. Income Tax Officer, B-91, First Floor, Ardee बिाम Ward 42(2)(1) City, Sector 52, Gurgaon Kautilya Bhawan, Bkc, 122001 Mumbai 400051 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Amrpg7068D Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: Mr. Vasu Bansal (Virtually Present) राजस्व की ओर से /Revenue By: Shri Bhagirath Ramawat Sr Dr

For Appellant: Mr. Vasu Bansal (VirtuallyFor Respondent: Shri Bhagirath Ramawat SR DR
Section 143(1)Section 144Section 147Section 148Section 250

RENU JAUHRI [A.M.] :- This appeal is filed by the assessee against the order of the CIT(A) National Faceless Appeal Centre (NFAC), Delhi [CIT(A)] passed u/s. 250 of the Income Tax Act, 1961 [hereinafter referred to as “Act”] on 24.02.2025 for Assessment Year 2015-16. 2. The assessee ... raised the following grounds in these appeals. “1. That the learned NFAC did not properly consider the submissions made by the Assessee before them. As the order by the learned AO was passed under Section 144 all the evidences were additional evidences and for which application was also made

Urvi Hitalkumar Patel, Mumbai vs. ITO Ward 33(1)(1), Mumbai, Bkc

In the result, appeal of the assessee is allowed

ITA 2406/MUM/2025[2015-16]Status: DisposedITAT Mumbai31 Jul 2025AY 2015-16

Bench: Shri Amit Shukla & Smt. Renu Jauhriआयकर अपील सुं./Ita No.2406/Mum/2025 (नििाारण वर्ा/Assessment Year: 2015-16) Urvi Hitalkumar Patel V/S. Income Tax Officer, B 1101, Shreenath Tower, बिाम Ward 33(1)(1), Mumbai Shankar Lane, Kandivali Kautilya Bhavan, G Block, West 400067 Bkc, Bandra East 400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Cevpp8858L Appellant/अपीलार्थी .. Respondent/प्रनिवादी निर्ााररती की ओर से /Assessee By: Shri Manish Sheth राजस्व की ओर से /Revenue By: Shri Asif Karmali (Sr Dr)

For Appellant: Shri Manish ShethFor Respondent: Shri Asif Karmali (SR DR)
Section 147Section 148Section 148ASection 149(1)(b)Section 250Section 69

RENU JAUHRI [A.M.] :- This appeal is filed by the assessee against the order of the National Faceless Appeal Centre (NFAC) - Delhi, 24.03.2025 passed u/s. 250 of the Income-tax Act, 1961 [hereinafter referred to as “Act”] for Assessment Year: 2015-16. 2. The assessee has raised the following grounds ... appeal: “1. On the facts and in the circumstances of the case and in law, the Ld. CIT(A)-NFAC- Delhi, erred in confirming the initiation of reassessment proceedings by the ld. AO which was in violation of section 149(1)(b) of The Income Tax Act 1961, since