Nabiul Industrial Metal Pvt. Ltd. vs. ITO, IT Department, NFAC, Delhi

Parties Involved

Facts Summary

The assessee, Nabiul Industrial Metal Pvt. Ltd., did not file the return of income for the Assessment Year (AY) 2017-18, leading to the re-opening of the case under section 147 of the Income Tax Act, 1961. The Assessing Officer (AO) received information from the investigation wing, Kolkata, indicating that the assessee received Rs. 15,00,000/- from a paper concern, Tanishi Commotrades Pvt. Ltd. The assessee claimed that the transaction was a legitimate sale of goods and tax was paid. However, the AO was not convinced and added the sum to the assessee's income under section 68 of the Act. The assessee challenged this order before the Commissioner of Income-tax (Appeals)-NFAC, Delhi, which was dismissed due to the absence of a response from the appellant. The assessee then filed an appeal against the order.…

Legal Issues

• 1. Whether the National Faceless Assessment Centre (NFAC) had the jurisdiction to assume jurisdiction under section 151A read with section 144B of the Act from 29.11.2021 when the notification regarding the applicability of the faceless scheme was issued only on 29.03.2022.

Judgment Outcome

Decided in favour of Assessee.

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  Kolkata benchAY 2013-14Allowed