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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

Sunil Uttam Kakade, Pune vs. ITO Ward 4(3) Pune, Pune

In the result appeal of the assessee is partly allowed

ITA 2251/PUN/2024[2017-18]Status: DisposedITAT Pune30 Jul 2025AY 2017-18

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं./Ita No.2251/Pun/2024 िनधा"रण वष" / Assessment Year: 2017-18 Sunil Uttam Kakade, V The Income Tax Officer, Roopm No.7, Bldg. No.4, S. Ward-8(3), Pune. Ashok Nagar Pimpri, Kalewadi B.O, Pune – 411017. Maharashtra. Pan: Aospk4472L Appellant/ Assessee Respondent / Revenue Assessee By Shri Kishor B Phadke – Ar Revenue By Shri Akhilesh Srivastva –Addl.Cit(Dr) Date Of Hearing 09/07/2025 Date Of Pronouncement 30/07/2025 आदेश/ Order Per Dr. Dipak P. Ripote, Am: The Assessee Has Filed An Appeal Against The Order Of Ld.Commissioner Of Income Tax (Appeal)[Nfac], Passed Under Section 250 Of The Income Tax Act, 1961 Dated 31.10.2023 For A.Y.2017-18, Emanating From The Order U/S.147 R.W.S 144 Read With Section 144B Of The Act, Dated 29.03.2022. The Assessee Has Raised The Following Grounds Of Appeal :

Section 143(2)Section 144(1)(b)Section 144BSection 147Section 148Section 250Section 69A

30/07/2025 आदेश/ ORDER PER DR. DIPAK P. RIPOTE, AM: The Assessee has filed an appeal against the order of ld.Commissioner of Income Tax (Appeal)[NFAC], passed under section 250 of the Income Tax Act, 1961 dated 31.10.2023 for A.Y.2017-18, emanating from the order u/s.147 r.w.s 144 read with section 144B ... dated 29.03.2022. The Assessee has raised the following grounds of appeal : ITA No.2251/PUN/2025 for A.Y.2017-18 [A] “1. The learned CIT(A), NFAC erred in law and on facts in upholding the addition made by learned AO only on the basis of material available on record without granting the opportunity

Bhumika Patel, Kolkata vs. ITO Ward 29(1), Kolkata

In the result, the appeal of the assessee is allowed

ITA 1150/KOL/2025[2010-11]Status: DisposedITAT Kolkata30 Jul 2025AY 2010-11

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.1150/Kol/2025 Assessment Year: 2010-11 Bhumika Patel……………..……...……..…………………....Appellant 6, Burdwan Road, Block A Flat No.-4A/B, Konark Garden, Kol-27. [Pan: Alnpp8896P] Vs. Ito, Ward-29(1), Kolkata…………………..………………….…..... Respondent Appearances By: Shri Akshay Rinsia, Ar & T N Jaiswal, Ar, Appeared On Behalf Of The Appellant. Shri Kallol Mistry, Jcit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 29, 2025 Date Of Pronouncing The Order : July 30, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal By The Assessee Is Directed Against The Order Dated 17.03.2025 Passed By The Nfac [In Short Cit(A)] Under Section 250 Of The Income-Tax Act, 1961. 2. Brief Facts Are That The Case Of The Assessee Was Reopened Under Section 147 Of The Income-Tax Act, 1961, On The Basis Of Information Received From The Adit (Investigation), Rajkot. It Was Reported That M/S. Bhoomidev Credit Corporation Ltd. Was Engaged In Providing Accommodation Entries & The Assessee Was Identified As One Of The Beneficiaries. As Per The Investigation Findings That, A Cash Amount Of ₹75 Lakhs Was Deposited In The Books Of M/S. Bhoomidev Credit Corporation Ltd. & An Amount Of ₹66,14,712 Appeared As An Outstanding Loan In Its Balance Sheet In The Name Of The Assessee. Based On This Information, The Ao Recorded Reasons To Believe That

Section 147Section 148Section 250Section 68

आदेश / ORDER Per Sonjoy Sarma, Judicial Member: This appeal by the assessee is directed against the order dated 17.03.2025 passed by the NFAC [in short CIT(A)] under section 250 of the Income-tax Act, 1961. 2. Brief Facts are that the case of the assessee was reopened under Section

Spice Dealcomm Pvt. Ltd., Kolkata vs. ACIT (OSD), Ward-1(3), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 2428/KOL/2024[2011-12]Status: DisposedITAT Kolkata30 Jul 2025AY 2011-12

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.2428/Kol/2024 Assessment Year: 2011-12 Spice Dealcomm Pvt. Ltd.……...……..…………………....Appellant Dc-9/28, Shastri Bagan, Deshbandhu Nagar, W.B. – 700059. [Pan: Aapcs1202G] Vs. Acit (Osd), Ward-1(3), Kolkata.………..………………….…..... Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Manas Mondal, Acit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : July 24, 2025 Date Of Pronouncing The Order : July 30, 2025 आदेश / Order Per Sonjoy Sarma: This Appeal By The Assessee Is Directed Against The Order Dated 25.01.2023 Passed By The Nfac [In Short Cit(A)] Under Section 250 Of The Income-Tax Act, 1961. 2. At The Outset, It Is Noted That There Is A Delay Of 616 Days In Filing The Present Appeal Before The Tribunal. The Assessee Has Filed A Condonation Petition Explaining The Reasons Or Such Delay. After Considering The Submissions & Materials On Record, We Are Satisfied That There Was Reasonable Cause For The Delay In Filing The Appeal. Accordingly, The Said Delay Is Condoned & The Appeal Is Admitted For Adjudication.

Section 147Section 148Section 250Section 250(6)Section 68

आदेश / ORDER Per Sonjoy Sarma, Judicial Member: This appeal by the assessee is directed against the order dated 25.01.2023 passed by the NFAC [in short CIT(A)] under section 250 of the Income-tax Act, 1961. 2. At the outset, it is noted that there is a delay

Pandyan Automobiles Pvt. Ltd., Madurai vs. DCIT, Corporate Circle, Chennai

In the result, appeal filed by the assessee is allowed in terms of our above order

ITA 945/CHNY/2025[2013-14]Status: DisposedITAT Chennai30 Jul 2025AY 2013-14

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri S. R. Raghunathaआयकर अपील सं./Ita No.945/Chny/2025 ननिाारण वर्ा/Assessment Year: 2013-14 V. Pandyan Automobiles Private Deputy Commissioner Of Limited, Income Tax, No.48 Bye Pass Road, Madurai, Corporate Circle, Tamil Nadu-625 016. Madurai. [Pan: Aadcp5203C] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By : Mr. S.Sridhar, Advocate प्रत्यर्थी की ओर से /Respondent By : Ms. R.Anitha, Addl. Cit सुनवाईकीतारीख/Date Of Hearing : 29.07.2025 : घोर्णाकीतारीख /Date Of Pronouncement 30.07.2025

For Appellant: Mr. S.Sridhar, AdvocateFor Respondent: Ms. R.Anitha, Addl. CIT
Section 144BSection 147Section 148Section 148A

MANU KUMAR GIRI, JM: This is an appeal preferred by the assessee against the order of the Learned Commissioner of Income Tax (Appeals) NFAC, Delhi, (hereinafter in short ‘the Ld.CIT(A)’), dated 27.02.2025 for the Assessment Year (hereinafter in short ‘AY’) 2013-14. 2. At the outset, the Ld. Counsel ... assessee. We find that the impugned notice u/s.148 dated 29.06.2022 has been issued by the DCIT, Corporate Circle, Madurai [JAO] and not by the NFAC which is not in accordance with the aforesaid Scheme. We also find that the impugned order under Clause (d) to Section 148A

Kuppusamy Muthuvel, Coimbatore vs. ITO, Ward-2(4), Chennai

In the result, appeal filed by the assessee is allowed in terms of our above order

ITA 944/CHNY/2025[2015-16]Status: DisposedITAT Chennai30 Jul 2025AY 2015-16

Bench: Hon’Ble Shri Manu Kumar Giri & Hon’Ble Shri S. R. Raghunathaआयकर अपील सं./Ita No.944/Chny/2025 ननिाारण वर्ा/Assessment Year: 2015-16 V. Kuppusamy Muthuvel, The Income Tax Officer, No.23/1 Arasu Elango Street, Ward-2(4), Eripalayajm Po, Udumalpet Tk, Tirupur. Coimbatore, Tamil Nadu-642126 [Pan: Axepm0652R] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) : अपीलार्थी की ओर से/ Appellant By Mr. S.Sridhar, Advocate : प्रत्यर्थी की ओर से /Respondent By Ms. R.Anitha, Addl. Cit सुनवाईकीतारीख/Date Of Hearing : 29.07.2025 घोर्णाकीतारीख /Date Of Pronouncement : 30.07.2025

Section 144BSection 147Section 148Section 148A

MANU KUMAR GIRI, JM: This is an appeal preferred by the assessee against the order of the Learned Commissioner of Income Tax (Appeals) NFAC, Delhi, (hereinafter in short ‘the Ld.CIT(A)’), dated 18.03.2025 for the Assessment Year (hereinafter in short ‘AY’) 2015-16. 2. At the outset, the Ld. Counsel ... find that the impugned notice u/s.148 dated 05.04.2022 has been issued by the ITO, Ward 2(4), TPR/ [JAO] and not by the NFAC which is not in accordance with the aforesaid Scheme. We also find that the impugned order under Clause (d) to Section 148A

Income Tax Officer, Exemptions Ward, Trichy vs. Arulmigu Swaminatha Swami Thirukkovil, Kumbakonam

In the result, the appeals filed by the revenue in ITA Nos

ITA 370/CHNY/2025[2013]Status: DisposedITAT Chennai30 Jul 2025

Bench: Shri S.S.Viswanethra Ravi & Shri S.R.Raghunathaआयकर अपील सं./Ita Nos.: 370 & 368/Chny/2025 & Co Nos.32 & 33/Chny/2025 (In Ita Nos.: 370 & 368/Chny/2025) धनिाारण वर्ा / Assessment Year: 2013-14 & 2014-15 Income Tax Officer, Arulmigu Swaminatha Swami Exemptions Ward, Trichy, Thirukkovil, Vs. The Executive Officer, Swamimalai, Kumbakonam – 612 301. [Pan: Aaata-6446-J] (अपीलाथी/Appellant) (Respondent/Cross Objector) अपीलाथीकीओरसे/ Appellant By : Shri. P. Krishna Kumar, J.C.I.T. प्रत्यथीकीओरसे/Respondent By : Shri. N. Arjun Raj, Advocate सुनवाई की तारीख/Date Of Hearing : 09.05.2025 घोर्णा की तारीख/Date Of Pronouncement : 30.07.2025 आदेश /O R D E R Per Bench: These Appeals Filed By The Revenue & Cross Objections Filed By The Assessee Are Directed Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, For The Assessment Years 2013-14 & 2014-15, Vide Order Dated 20.12.2024. Since The Facts Are Identical & Issues Are Common, Appeals Filed By The Revenue & Cross Objections Filed By The Assessee Were Heard & Are Being Disposed Of By This Consolidated Order.

For Appellant: Shri. P. Krishna Kumar, J.C.I.TFor Respondent: Shri. N. Arjun Raj, Advocate
Section 10Section 11Section 12A(1)(b)Section 139Section 139(1)Section 147

Revenue and cross objections filed by the assessee are directed against the order of the Commissioner of Income Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi, for the assessment years 2013-14 & 2014-15, vide order dated 20.12.2024. Since the facts are identical and issues are common, appeals filed ... following common grounds in ITA Nos.370 & 2. 368/Chny/2025: 1. Whether in the facts and circumstances of the case, the National Faceless Appeal Centre (NFAC) is correct in directing the Assessing Officer to allow exemption u/s 11 to the assessee, given the fact that the assessee has failed to file