Brij Bhushan Lal Paraduman Kumar v. CIT

115 ITR 524Supreme Court of India1978#938 most cited

What is Brij Bhushan Lal Paraduman Kumar v. CIT authority for?

The Supreme Court holds that an Assessing Officer, when making a best judgment assessment or estimating income, must act fairly, honestly, and rationally, basing the estimation on available material and avoiding arbitrary or capricious decisions. Adherence to natural justice principles is crucial during assessment proceedings.

113

judgments rely on this decision, according to BharatTax’s citation analysis of 366,470 Indian tax judgments — from 2016 to 2026.

Also referred to as

Brij Bhushan Lal Paraduman Kumar v. CIT · Section 144 · best judgment assessment · fair income estimation · arbitrary assessment · natural justice principles · Assessing Officer discretion · rejection of books · Section 69 · unexplained cash

Sections most often in play

Section 144Section 250Section 142(1)Section 143(3)Section 139(1)Section 148Section 147Section 153B(1)(b)

Issues it is cited on

section 69dsection 13(1)(c)best judgment assessmenttrade creditorssection 13(1)section 250(4)section 153a(1)(b)rejection of books of accountsection 69bmistake apparent from recorddumb documentssection 145

Judgments citing Brij Bhushan Lal Paraduman Kumar v. CIT

The ACIT, 2(1), Bhopal vs. M/S Moenus Textile Pvt. Ltd., Bhopal

In the result, appeal of the revenue in ITANo

ITA 821/IND/2018[2009-10]Status: DisposedITAT Indore30 Nov 2021AY 2009-10

Bench: Shri Mahavir Prasad & Shri Manish Boradvirtual Hearing Assessment Year: 2009-10

Section 143(2)Section 68

…आयकर अपील"य अ"धकरण, इंदौर "यायपीठ, इंदौर IN THE INCOME TAX APPELLATE TRIBUNAL, INDORE BENCH, INDORE BEFORE SHRI MAHAVIR PRASAD, JUDICIAL MEMBER AND SHRI MANISH BORAD, ACCOUNTANT MEMBER VIRTUAL HEARING Assessment Year: 2009-10 DCIT 1(1) Bhopal PAN:AAECM5482F : Appellant V/s M/s. Moenus Textile Private Ltd. Raisen : Respondent Revenue by Shri Harshit Bari, AR Respondent by Shri S.S. Deshpande, CA Date of Hearing 28.09.2021 Date of Pronouncement 30.11. 2021 O R D E R PER MANISH BORAD, A.M.: The above captioned appeal filed at the instance of the Revenue for Assessment Year 2009-10 is directed against the orde…

ACIT, Circle- 36(1), New Delhi vs. Bharat Bhushan Sawhney, Delhi

In the result, this appeal by Revenue is dismissed

ITA 3648/DEL/2018[2014-15]Status: DisposedITAT Delhi23 Aug 2021AY 2014-15

Bench: Shri Kul Bharat & Shri Anadee Nath Misshra

For Appellant: NoneFor Respondent: Shri N.K. Bansal, Sr. DR
Section 254(2)

…les but merely a vendor who secures such fruits and vegetables in cold storage and in this circumstances addition of GP was justified. Reliance is placed on the decision of the Hon’ble Supreme Court in the case of Brijbhushan Lal Praduman Kumar vs. CIT [1978] 115 ITR 524 and State of Kerala Vs. C. Velukutty [1996] 60 ITR 239. Further reliance is also placed on the decision of Delhi ITAT E-Bench in the case of ACIT Vs. Sunder Chemical and Agarbati Works Pvt. Ltd. [2015] 146 Taxman 11 (Delhi) and ITAT Amritsar Bench in the case of Jagan Nath Gurbachan Singh Vs. ITO [2001] 73 ITJ 878. 2. Notwithstanding, the tax eff…

Smt. Ruksana, Jhalawar vs. ITO, Ward, Jhalawar

ITA 192/JPR/2020[2011-12]Status: DisposedITAT Jaipur30 Jun 2021AY 2011-12

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 192/Jp/2020 Fu/Kzkj.K O"Kz@Assessment Year :2011-12 Smt. Ruksana, Cuke I.T.O., Vs. L/H Of Late Sh. Mohammed Salim, Ward-Jhalawar. Kunjda Street, Bada Bazar, Jhalawar City, Jhalawar-326001. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Bjeps 1293 M Appellant Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By: Shri Shravan Kr. Gupta (Adv) Jktlo Dh Vksj Ls@ Revenue By: Smt. Runi Pal (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 08/04/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 30/06/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is The Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Kota Dated 21/09/2017 For The A.Y. 2011-12. The Grounds Taken By The Assessee In This Appeal Are As Under: “1. The Impugned Assessment Order U/S 143(3) Dated 15.03.2014 Is Bad In Law & On Facts Of The Case, For Want Of Jurisdiction, Being Debatable Issue & Various Other Reasons & Hence The Same May Kindly Be Quashed. 2.1 Rs.13,45,442/-: The Assessing Officer Has Grossly Erred In Law As Well As On The Facts Of The Case In Invoking The Provision Of Section 145(3). The Provision So Invoked By The Assessing Officer & Confirmed By The Ld. Cit(A) Being Totally Contrary To The Provisions Of Law & Facts On The Record & Hence The Same May Kindly Be Quashed.

For Appellant: Shri Shravan Kr. Gupta (Adv)For Respondent: Smt. Runi Pal (Addl.CIT)
Section 143(3)Section 145(3)Section 234

…आयकर अपीलीय अधिकरण] जयपुर न्यायपीठ] जयपुर IN THE INCOME TAX APPELLATE TRIBUNAL, JAIPUR BENCHES “B”, JAIPUR Jh lanhi x®lkÃa] U;kf;d lnL; ,oa Jh foØe flag ;kno] ys[kk lnL; ds le{k BEFORE SHRI SANDEEP GOSAIN, JM & SHRI VIKRAM SINGH YADAV, AM vk;dj vihy la-@ITA No. 192/JP/2020 fu/kZkj.k o"kZ@Assessment Year :2011-12 Smt. Ruksana, cuke I.T.O., Vs. L/h of Late Sh. Mohammed Salim, Ward-Jhalawar. Kunjda Street, Bada Bazar, Jhalawar City, Jhalawar-326001. LFkk;h ys[kk la-@thvkbZvkj la-@PAN/GIR No.: BJEPS 1293 M Appellant Respondent fu/kZkfjrh dh vksj ls@ Assessee by: Shri Shravan Kr. Gupta (Adv) jktLo dh vksj ls@ Revenue…

DCIT, CC-6(2), Mumbai vs. M/S.Samira Residences Private Limited, Mumbai

Appeal is dismissed

ITA 1755/MUM/2018[2009-10]Status: DisposedITAT Mumbai29 Jun 2021AY 2009-10

Bench: Shri S. Rifaur Rahman & Shri Pavan Kumar Gadale

For Appellant: Shri Rishabh ShahFor Respondent: Shri Sumoguan Pal
Section 132(1)Section 133(6)Section 143(2)Section 153C

…Though the section provides for a summary method because of the default of the assessee, it does not enable the assessing authority to function capriciously without regard to the available material. In the case of BrijBhushanLalParduman Kumar v. CIT  (1978) 115 ITR 524 (SC)the Hon'ble Supreme Court held that, the authority making a best judgment assessment must make an honest and fair estimate of the income of the assessee and though arbitrariness cannot be avoided in such an estimate, the same must not be capricious but should have a reasonable nexus to the available material and the circumstances of the case.…

M/S.Puthukaivayaningad Vairajathan Easwarante Kshethra Committe, Kasargode vs. The ITO, WD-2, Kasargode

In the result, the appeal filed by the assessee is partly allowed for statistical purposes

ITA 459/COCH/2019[2006-07]Status: DisposedITAT Cochin06 Oct 2020AY 2006-07

Bench: Shri Chandra Poojari, Am & Shri George Mathan, Jm

For Appellant: Sri.T.M.Sreedharan, AdvocateFor Respondent: Sri.B.Sajjive, Sr.DR
Section 142(1)Section 144

…ice expenses and that there are interest outgoings. He places reliance on the decision of the Hon’ble Supreme Court in the case of Dhakeswari Cotton Mills Ltd. v. CIT reported in 26 ITR 775 and in the case of Brij Bhushan Lal Parduman Kumar v. CIT reported in 115 ITR 524. 4. In reply, the learned Departmental Representative submitted that substantial opportunities had been given to the assessee in the form of notice having been served. It was the submission that in response to the issue of the non- issuance of the show cause notice, as required before completion of an assessment u/s 144 of the Act, it was the sub…

ITO, New Delhi vs. Sh. Sunil Nayyar, Delhi

In the result, the appeal of the revenue is dismissed and Cross

ITA 6168/DEL/2016[2012-13]Status: DisposedITAT Delhi24 Feb 2020AY 2012-13

Bench: Sh. Kuldip Singhdr. B. R. R. Kumarita No. 6168/Del/2016 : Asstt. Year : 2012-13 Income Tax Officer, Vs Sh. Sunil Nayyar, Ward-49(3), R/O 81-A, Vikrant Enclave, New Delhi Mayapuri, New Delhi-110064 (Appellant) (Respondent) Pan No. Abvpn3963B

For Appellant: Sh. Jagdish Ajmani, CAFor Respondent: Sh. Saras Kumar, Sr. DR
Section 68

…TR 393. b. The rule of law on this subject has been well settled that estimate framed without giving the basis for their fixation is bad in law. Dhakeswari Cotton Mills Ltd. vs. CIT (1954) 26 ITR 775. In the case of Brijbhusnan Lal Praduma Kumar v CIT [1978] 115 ITR 524 the Apex Court held an estimate, must not be capricious but should have a reasonable nexus to the available material and the circumstances of the case. Same view has been taken in the case of State of Kerala vs. C. Velukutty [1996] 60 ITR 239 (SC). c. The principal has also been elucidated by the Apex court In the case of State of Kerala vs. C.…

Shri Baboo Lal, Jaipur vs. ITO, Ward-6(1), Jaipur

In the result, ground no. 1 & 3 are dismissed, ground no

ITA 1370/JPR/2019[2009-10]Status: DisposedITAT Jaipur14 Feb 2020AY 2009-10
For Appellant: Shri G. M. Mehta (C.A.)For Respondent: Miss Chanchal Meena (JCIT)
Section 142(1)Section 143(2)Section 144Section 145(3)Section 154Section 32Section 44A

…sing officer and what principles should be followed by the Assessing officer while making the best judgment. In this regard, we refer to well-settled legal proposition so laid down by the Hon’ble Supreme Court in case of Brij Bhushan Lal Parduman Kumar [1978] 115 ITR 524 as under: “At the outset, it may be stated that in the case of both the assessees their returns and book results were rejected on the ground that proper and reliable books of account had not been maintained and the ITO was required to make the assessments M/S Baboo Lal vs. ITO on "best judgment" basis. However, the principles to be followed by…

DCIT, New Delhi vs. M/S. Earthline Apparels Pvt. Ltd., Delhi

In the result, the appeal of the revenue is dismissed

ITA 1456/DEL/2017[2012-13]Status: DisposedITAT Delhi20 Dec 2019AY 2012-13

Bench: Sh. H. S. Sidhudr. B. R. R. Kumarita No. 1456/Del/2017 : Asstt. Year : 2012-13 Deputy Commissioner Of Income Vs M/S Earthline Apparels Pvt. Ltd., Tax, Circle-8(1), 2168, Gurudwara Road, Karol New Delhi Bagh, Delhi-110005 (Appellant) (Respondent) Pan No. Aabce4236G Assessee By : Sh. Pradeep Dinodia, Fca Revenue By : Sh. Saras Kumar, Sr. Dr Date Of Hearing: 18.12.2019 Date Of Pronouncement: 20.12.2019

For Appellant: Sh. Pradeep Dinodia, FCAFor Respondent: Sh. Saras Kumar, Sr. DR

…IN THE INCOME TAX APPELLATE TRIBUNAL DELHI BENCH ‘B’, NEW DELHI Before Sh. H. S. Sidhu, Judicial Member Dr. B. R. R. Kumar, Accountant Member ITA No. 1456/Del/2017 : Asstt. Year : 2012-13 Deputy Commissioner of Income Vs M/s Earthline Apparels Pvt. Ltd., Tax, Circle-8(1), 2168, Gurudwara Road, Karol New Delhi Bagh, Delhi-110005 (APPELLANT) (RESPONDENT) PAN No. AABCE4236G Assessee by : Sh. Pradeep Dinodia, FCA Revenue by : Sh. Saras Kumar, Sr. DR Date of Hearing: 18.12.2019 Date of Pronouncement: 20.12.2019 ORDER Per Dr. B. R. R. Kumar, Accountant Member: The present appeal has been filed by the revenue again…

R.K.Madhani & Co., Mumbai vs. Dy.Commissioner of Income Tax, Central Circle-8(1), Mumbai

In the result, appeal filed by the assessee for assessment year 2014-15

ITA 1471/MUM/2018[2014-15]Status: DisposedITAT Mumbai04 Dec 2019AY 2014-15

Bench: Shri M. Balaganesh (Am) & Shri Ram Lal Negi (Jm) Assessment Year: 2014-15 R.K. Madhani & Co, The Dy. Commissioner Of 127-136, Income Tax, Madhani Estate, 542 Central Circle 8(1), Senapati Bapat Marg, Vs. Aayakar Bhavan, Maharshi Dadar (W), Karve Road, Mumbai - 400028 Mumbai - 400020 Pan : Aaaefr6706J (Appellant) (Respondent) Assessee By : Shri Anant N. Pai (Ar) Revenue By : Shri D.G. Pansari (Dr) Date Of Hearing: 05/09/2019 Date Of Pronouncement: 04/12/2019

For Appellant: Shri Anant N. Pai (AR)For Respondent: Shri D.G. Pansari (DR)
Section 142Section 143Section 144

…IN THE INCOME TAX APPELLATE TRIBUNAL MUMBAI BENCHES “D”, MUMBAI BEFORE SHRI M. BALAGANESH (AM) AND SHRI RAM LAL NEGI (JM) Assessment Year: 2014-15 R.K. Madhani & Co, The Dy. Commissioner of 127-136, Income Tax, Madhani Estate, 542 Central Circle 8(1), Senapati Bapat Marg, Vs. Aayakar Bhavan, Maharshi Dadar (W), Karve Road, Mumbai - 400028 Mumbai - 400020 PAN : AAAEFR6706J (Appellant) (Respondent) Assessee by : Shri Anant N. Pai (AR) Revenue by : Shri D.G. Pansari (DR) Date of Hearing: 05/09/2019 Date of Pronouncement: 04/12/2019 O R D E R PER RAM LAL NEGI, JM This appeal has been filed by the assessee against…

ACIT, Chennai vs. M/S. Tajmahal Agro Industries Pvt Ltd., Chennai

In the result, the assessee’s appeal for the assessment year 2004-05 & 2006-07 are partly allowed and the appeal for assessment year 2007-08 is dismissed

ITA 1940/CHNY/2010[2007-08]Status: DisposedITAT Chennai09 Sept 2019AY 2007-08

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaraman

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: 11.06.2019
Section 50CSection 80G

…ve details of the sale of broken rice / bran, also the quantitative details of closing stock of bran and broken rice, the AO rejected the books of account maintained by the assessee and estimated its income relying on Briz Byhushan Lal Parduman Kumar vs. CIT (115 ITR 524). Since the assesses sold away the by products of bran and broken rice, the AO held that there is no requirement for the expenses towards travel, carriage inwards etc, and treated the entire sale proceeds of Rs.68,09,001/- as income of the assessee and completed the assessment. On appeal, the Ld. CIT(A) dismissed the appeal. Against the order of…

M/S. Tajmahal Agro Industries (P) Ltd., Chennai vs. ITO, Chennai

In the result, the assessee’s appeal for the assessment year 2004-05 & 2006-07 are partly allowed and the appeal for assessment year 2007-08 is dismissed

ITA 1874/CHNY/2010[2007-08]Status: DisposedITAT Chennai09 Sept 2019AY 2007-08

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaraman

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: 11.06.2019
Section 50CSection 80G

…ve details of the sale of broken rice / bran, also the quantitative details of closing stock of bran and broken rice, the AO rejected the books of account maintained by the assessee and estimated its income relying on Briz Byhushan Lal Parduman Kumar vs. CIT (115 ITR 524). Since the assesses sold away the by products of bran and broken rice, the AO held that there is no requirement for the expenses towards travel, carriage inwards etc, and treated the entire sale proceeds of Rs.68,09,001/- as income of the assessee and completed the assessment. On appeal, the Ld. CIT(A) dismissed the appeal. Against the order of…

M/S. Tajmahal Agro Industries (P) Ltd., Chennai vs. ITO, Chennai

In the result, the assessee’s appeal for the assessment year 2004-05 & 2006-07 are partly allowed and the appeal for assessment year 2007-08 is dismissed

ITA 1873/CHNY/2010[2006-07]Status: DisposedITAT Chennai09 Sept 2019AY 2006-07

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaraman

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: 11.06.2019
Section 50CSection 80G

…ve details of the sale of broken rice / bran, also the quantitative details of closing stock of bran and broken rice, the AO rejected the books of account maintained by the assessee and estimated its income relying on Briz Byhushan Lal Parduman Kumar vs. CIT (115 ITR 524). Since the assesses sold away the by products of bran and broken rice, the AO held that there is no requirement for the expenses towards travel, carriage inwards etc, and treated the entire sale proceeds of Rs.68,09,001/- as income of the assessee and completed the assessment. On appeal, the Ld. CIT(A) dismissed the appeal. Against the order of…

M/S. Tajmahal Agro Industries (P) Ltd., Chennai vs. ITO, Chennai

In the result, the assessee’s appeal for the assessment year 2004-05 & 2006-07 are partly allowed and the appeal for assessment year 2007-08 is dismissed

ITA 1872/CHNY/2010[2004-05]Status: DisposedITAT Chennai09 Sept 2019AY 2004-05

Bench: Shri Duvvuru Rl Reddy & Shri S. Jayaraman

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: 11.06.2019
Section 50CSection 80G

…ve details of the sale of broken rice / bran, also the quantitative details of closing stock of bran and broken rice, the AO rejected the books of account maintained by the assessee and estimated its income relying on Briz Byhushan Lal Parduman Kumar vs. CIT (115 ITR 524). Since the assesses sold away the by products of bran and broken rice, the AO held that there is no requirement for the expenses towards travel, carriage inwards etc, and treated the entire sale proceeds of Rs.68,09,001/- as income of the assessee and completed the assessment. On appeal, the Ld. CIT(A) dismissed the appeal. Against the order of…

M/S. Valentine Cine Vision Limited, Surat vs. The Income Tax Officer, Ward-4(4), Surat

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

ITA 2438/AHD/2015[2011-12]Status: DisposedITAT Surat31 Jul 2019AY 2011-12

Bench: Shri Sudhanshu Srivastava & Shri Vikram Singh Yadavassessment Year: 2011-12

For Appellant: Shri Rasesh Shah, CAFor Respondent: Shri B.P.K. Panda, Sr. DR
Section 43B

…ndal v. State of Bihar [1957] 8 STC 770 (SC); State of Kerala v. C. Velukutty [1966] 60 ITR 239 (SC); State of Orissa v. Maharaja Shri B.P. Singh Deo [1970] 76 ITR 690 (SC); Brij Bhusan Lal Parduman 12 ITA 2419, CO 181, ITA 2438/Ahd/2015 Kumar v. CIT [1978] 115 ITR 524 (SC); Chouthmal Agarwalla v. CIT [1962] 46 ITR 262 (Assam); R.V.S. and Sons Dairy Farm v. CIT [2002] 257 ITR 764 (Mad); International Forest Co. v. CIT [1975] 101 ITR 721 (J & K) ; M. Durai Raj v. CIT [1972] 83 ITR 484 (Ker); Ramchandra Ramnivas v. State of Orissa [1970] 25 STC 501 (Orissa); Action Electricals v. Deputy CIT [2002] 258 ITR 188 (De…

The ITO, Ward-4(4), Surat vs. M/S. Valentine Cine Vision Limited, Surat

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

ITA 2419/AHD/2015[2011-12]Status: DisposedITAT Surat31 May 2019AY 2011-12

Bench: Shri Sudhanshu Srivastava & Shri Vikram Singh Yadavassessment Year: 2011-12

For Appellant: Shri Rasesh Shah, CAFor Respondent: Shri B.P.K. Panda, Sr. DR
Section 43B

…ndal v. State of Bihar [1957] 8 STC 770 (SC); State of Kerala v. C. Velukutty [1966] 60 ITR 239 (SC); State of Orissa v. Maharaja Shri B.P. Singh Deo [1970] 76 ITR 690 (SC); Brij Bhusan Lal Parduman 12 ITA 2419, CO 181, ITA 2438/Ahd/2015 Kumar v. CIT [1978] 115 ITR 524 (SC); Chouthmal Agarwalla v. CIT [1962] 46 ITR 262 (Assam); R.V.S. and Sons Dairy Farm v. CIT [2002] 257 ITR 764 (Mad); International Forest Co. v. CIT [1975] 101 ITR 721 (J & K) ; M. Durai Raj v. CIT [1972] 83 ITR 484 (Ker); Ramchandra Ramnivas v. State of Orissa [1970] 25 STC 501 (Orissa); Action Electricals v. Deputy CIT [2002] 258 ITR 188 (De…

Bholanath R.Shukla, Mumbai vs. ACIT Circle-2, Thane

In the result, assessee’s appeals for A

ITA 4505/MUM/2018[2009-10]Status: DisposedITAT Mumbai02 May 2019AY 2009-10

Bench: Shri Shamim Yahya (Am) & Shri Ramlal Negi (Jm)

Section 133ASection 143(3)Section 147Section 148Section 68

…tion of books of accounts should be fair and reasonable estimate and arbitrariness should be avoided and the estimate should not be wild or vindictive. It has been laid down by Hon'ble Supreme Court in the case of Brij Bhushan Lal Parduman Kumar Vs CIT (1978) 115 ITR 524 (SC) that the authority making the best judgment assessment must make an honest and fair estimate of income of the assessee. Further the Hon'ble Supreme Court, in the case of State of Kerala Vs C. Velukutty (1966) 60 ITR 239 (SC) has laid down that best judgment is a faculty to decide matters with wisdom truly and legally; judgment does not depen…

M/S. Raj Buildcon Construction Ltd., Gurgaon vs. JCIT, Gurgaon

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

ITA 2422/DEL/2015[2010-11]Status: DisposedITAT Delhi29 Apr 2019AY 2010-11

Bench: Shri Bhavnesh Saini & Shri O.P. Kantassessment Year: 2010-11 M/S. Raj Buildcon Vs. Jcit(A), Construction Ltd., Range-Ii, Gurgaon (Haryana) 404, Welldone Tech Park, Sector-48, Sohna Road, Gurgaon (Haryana) Pan :Aadcr6387F (Appellant) (Respondent) Appellant By Shri Rohit Tiwari, Adv. Respondent By Smt. Rinku Singh, Sr.Dr

Section 143(3)Section 145(3)Section 3

…he case of CIT Vs Subodh Gupta. However the appellant has not commented on the decision of the jurisdictional High Court in the case of J, J. Associates vs. CIT (Supra) and the decision of the Apex Court in the case of Brij Bhushan Lai Parduman Kumar vs. CIT, 115 ITR 524 (SC), where net profit@10% of gross receipts has been held to be reasonable. 5.5.6 Hence, after a careful consideration of the facts of the case, in the light of aforesaid judicial pronouncements, I hold that the A.O should have estimated profit from business @ 10% of gross receipts rather than 8% of gross receipts. This results in an enhancement…

Shri Rakesh Kumar Chaudhary, Durgapur vs. ACIT, Cir-Durgapur, Durgapur

ITA 422/KOL/2017[2009-10]Status: DisposedITAT Kolkata31 Aug 2018AY 2009-10

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 40A(3)Section 68

…the decision made in case of M/s TEJA CONSTRUCTIONS vs. ASSISTANT COMMISSIONER OF INCOME TAX ITAT, HYDERABAD 'A' BENCH which is as under:- "The judgment of Hon'ble Supreme Court in the case of Brij Bhushan Lal Parduman Kumar vs. CIT 1978 CTR (SC) 134 : (1978) 115 ITR 524 (SC) where it was held: "reversing the decision of the High Court, that since in substance and in reality the materials supplied by the Government always remained the property of the Government and the assessee merely had custody and fixed or incorporated them into the works, there was not even a theoretical possibility of any element of profit b…

ACIT, Cir-1, Durgapur vs. Shri Rakesh Kumar Chowdhury, Durgapur

ITA 1810/KOL/2016[2009-10]Status: DisposedITAT Kolkata31 Aug 2018AY 2009-10

Bench: Shri S.S.Godara & Dr. A.L. Saini

Section 143(3)Section 40A(3)Section 68

…the decision made in case of M/s TEJA CONSTRUCTIONS vs. ASSISTANT COMMISSIONER OF INCOME TAX ITAT, HYDERABAD 'A' BENCH which is as under:- "The judgment of Hon'ble Supreme Court in the case of Brij Bhushan Lal Parduman Kumar vs. CIT 1978 CTR (SC) 134 : (1978) 115 ITR 524 (SC) where it was held: "reversing the decision of the High Court, that since in substance and in reality the materials supplied by the Government always remained the property of the Government and the assessee merely had custody and fixed or incorporated them into the works, there was not even a theoretical possibility of any element of profit b…

ITO, WD-51(4), Kolkata vs. Shri Rabindra Nath Sikdar, Kolkata

In the result, Revenue’s appeal stands dismissed

ITA 1097/KOL/2015[2006-2007]Status: DisposedITAT Kolkata20 Apr 2018AY 2006-2007

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2006-07

Section 142(1)Section 143(2)Section 143(3)Section 144Section 28Section 44A

…R 239 (SC). The assessee further submitted that best judgment assessment must be based on an honest and fair estimate of income. In this regard the assessee relied on the judgment of Hon'ble Supreme Court in the case of Brij Bhusan Lal Pradumank Kumar vs. CIT 115 ITR 524 (SC). It was also submitted that the profit declared by assessee in earlier years should be considered while determining the income on estimated basis under the provision of Section 144 of the Act. The assessee in this connection filed the details of net profit vis-à-vis turnover of the earlier years as reproduced below:- A.Y Net profit Turnover…