CIT v. Laxminarain Badridas

5 ITR 170Supreme Court of India1937#1434 most cited

What is CIT v. Laxminarain Badridas authority for?

An income tax officer making a best judgment assessment must act honestly, not dishonestly, vindictively, or capriciously. They must make a fair estimate of the assessment, considering local knowledge, repute, and previous assessments.

79

judgments rely on this decision, according to BharatTax’s citation analysis of 366,005 Indian tax judgments — from 2008 to 2026.

Also referred to as

CIT v. Laxminarain Badridas · 5 ITR 170 · SC · best judgment assessment · 144 · default in supplying information · fair estimate of assessment · local knowledge · previous assessments

Sections most often in play

Section 147Section 1961Section 139(1)Section 144Section 148Section 142(1)Section 143(3)Section 144B

Issues it is cited on

section 23(4)section 80ia(7)section 69dsection 142(3)section 245c(1)section 10basection 147(1)section 80a(5)section 4(1)section 193section 196trade creditors

Judgments citing CIT v. Laxminarain Badridas

Mustafa Katthawala, Kota vs. DCIT ACIT, Circle-2, Kota

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

ITA 1156/JPR/2024[2015-16]Status: DisposedITAT Jaipur20 Jan 2025AY 2015-16

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM\nआयकर अपील सं./ITA. No. 1156/JPR/2024\nनिर्धारण वर्ष / Assessment Years : 2015-16\nMustafa Katthawala\nProp. Shakti Steels, Near Reliance\nPetrol Pump Jhalawar Road, IPIA\nKota.-324005.\nबनाम | The DCIT/ACIT,\nVs.\nCircle-2,\nKota.\nस्थायी लेखा सं./ जीआईआर सं./PAN/GIR No.: AGPPK5043C\nअपीलार्थी / Appellant\nप्रत्यर्थी / Respondent\nनिर्धारिती की ओर से / Assessee by :Shri Devang Gargieya, Adv.\nराजस्व की ओर से / Reven

For Appellant: Shri Devang Gargieya, AdvFor Respondent: Shri Anup Singh, Addl. CIT
Section 144Section 147Section 148Section 148ASection 234BSection 234CSection 234DSection 244ASection 45(3)

…and assessments of the assessee and all other matters which he thinks will assist him in arriving at a fair and proper estimate; and though there must necessarily be guess-work in the matter, it must be honest guess-work [CIT Vs. Laxmi Narain Badridas (1937) 5 ITR 170, 180 (PC), reversing (1934) 2 ITR 246 (Nag); CIT Vs. S. Sen, (1949) 17 ITR 355 (Orissa); Singh Engineering Works Vs. CIT, (1953) 24 ITR 93 (All); M.A. Rauf Vs. CIT, (1958) 33 ITR 843 (Pat); Mohanlal Mahribal Vs. CIT, (1982) 133 ITR 683 (MP) ; Ganga Prasad Sharma Vs. CIT, (1981) 132 ITR 87 (MP) & (1981) 127 ITR 27 (MO); Balchand Udairam Vs. State of…

Pme Power Solutions India Ltd, New Delhi vs. Deputy Commissioner of Income Tax, New Delhi

In the result, both the appeal of the assessee are allowed

ITA 249/DEL/2024[2013-14]Status: DisposedITAT Delhi16 Oct 2024AY 2013-14

Bench: Shri M. Balaganesh & Shri Vimal Kumar

For Appellant: Shri Gaurav Jain, AdvFor Respondent: Shri Rajesh Dhanesta, Sr. DR
Section 139Section 139(9)Section 140ASection 143(1)Section 143(2)Section 143(3)Section 154Section 249(4)(a)Section 271(1)(c)Section 276C(2)

…High Courts and Tribunals relied upon by the Id. Counsel in the following decisions: a. Maya Debi Bansal v. CIT [1979] 117 ITR 125 (Calcutta HC); b. Prabhat Mills Stores Co. Ltd. [1966] 59 ITR 197 (Calcutta)[21-01- 1964]; c. CIT v Laxminarain Badridas [1937] 5 ITR 170 (Privy Council)[19-02- 1937] d. Gulab Badgujar (HUF) v. Income Tax Officer [2019] 179 ITD 807 (Pune - Trib.) e. Commissioner of Income-tax, Chennai v. T. Rangroopchand Chordia [2016] 241 Taxman 221 (Madras HC) f. Dr. K.M. Mehaboob v. DCIT [2012] 26 taxmann.com 54 (Kerala HC) g. S. Kumar Enterprises (Synfabs) Ltd. v. JCIT [2005] 4 SOT 412 (MUM) h. D…

Pme Power Solutions India Ltd, New Delhi vs. Dy. Commissioner of Income Tax, New Delhi

In the result, both the appeal of the assessee are allowed

ITA 242/DEL/2024[2013-14]Status: DisposedITAT Delhi16 Oct 2024AY 2013-14

Bench: Shri M. Balaganesh & Shri Vimal Kumar

For Appellant: Shri Gaurav Jain, AdvFor Respondent: Shri Rajesh Dhanesta, Sr. DR
Section 139Section 139(9)Section 140ASection 143(1)Section 143(2)Section 143(3)Section 154Section 249(4)(a)Section 271(1)(c)Section 276C(2)

…High Courts and Tribunals relied upon by the Id. Counsel in the following decisions: a. Maya Debi Bansal v. CIT [1979] 117 ITR 125 (Calcutta HC); b. Prabhat Mills Stores Co. Ltd. [1966] 59 ITR 197 (Calcutta)[21-01- 1964]; c. CIT v Laxminarain Badridas [1937] 5 ITR 170 (Privy Council)[19-02- 1937] d. Gulab Badgujar (HUF) v. Income Tax Officer [2019] 179 ITD 807 (Pune - Trib.) e. Commissioner of Income-tax, Chennai v. T. Rangroopchand Chordia [2016] 241 Taxman 221 (Madras HC) f. Dr. K.M. Mehaboob v. DCIT [2012] 26 taxmann.com 54 (Kerala HC) g. S. Kumar Enterprises (Synfabs) Ltd. v. JCIT [2005] 4 SOT 412 (MUM) h. D…

Vimladevi Agrotech Limited, Kota vs. ACIT, WD -1(2), Kota

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

ITA 1065/JPR/2024[2014-15]Status: DisposedITAT Jaipur26 Sept 2024AY 2014-15

Bench: The Date Of Hearing.

For Appellant: Shri Devang Gargieya, AdvocateFor Respondent: Shri Gautam Singh Chaudhary, JCIT D/R
Section 144Section 147Section 250Section 271BSection 44A

…nd assessments of the assessee and all other matters which he thinks will assist him in arriving at a fair and proper estimate; and though there must necessarily be guess-work in the matter, it must be honest guess-work [CIT Vs. Laxmi Narain Badridas , (1937) 5 ITR 170, 180 (PC), reversing (1934) 2 ITR 246 (Nag); CIT Vs. S. Sen, (1949) 17 ITR 355 (Orissa); Singh Engineering Works Vs. CIT , (1953) 24 ITR 93 (All); M.A. Rauf Vs. CIT, (1958) 33 ITR 843 (Pat); Mohanlal Mahribal Vs. CIT, (1982) 133 ITR 683 (MP) ; Ganga Prasad Sharma Vs. CIT, (1981) 132 ITR 87 (MP) & (1981) 127 ITR 27 (MO); Balchand Udairam Vs. State o…

Shri Rampriya Developers Private Limited, Hyderabad vs. Deputy Commissioner of Incometax, Circle-3(1), Hyderabad

In the result, appeal filed by the assessee is dismissed

ITA 1946/HYD/2017[1999-2000]Status: DisposedITAT Hyderabad14 Aug 2024AY 1999-2000

Bench: Shri Laliet Kumar & Shri Manjunatha, G.आ.अपी.सं /Ita No.1946/Hyd/2017 (िनधा"रण वष"/Assessment Year: 1999-2000) Shri Rampriya Developers Vs. Dy. C. I. T. (P) Ltd Circle 3(1) Hyderabad Hyderabad Pan:Aajcs6629P (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri A.V. Raghuram, Advocate राज" व "ारा/Revenue By:: Shri Shakeer Ahmed, Dr सुनवाई की तारीख/Date Of Hearing: 09/07/2024 घोषणा की तारीख/Pronouncement: 14/08/2024 आदेश/Order

For Appellant: Shri A.V. Raghuram, AdvocateFor Respondent: : Shri Shakeer Ahmed, DR
Section 143(3)Section 14A

…ssessing authorities are not bound by strict rules of evidence. The jurisdictional High Court in the case of Kodidasu Appalaswamy & Suryanarayana vs. CIT, A.P. 46 1TR 735 (AP) referring the judgment of Privy Council in the case of CIT vs. Laxminarain Badridas 5 ITR 170 (PC) wherein it was held as under : "Under section 23 (4) of the Income-tax Act the Officer: is to make an assessment to the best of his judgment against a person who is in default as regards supplying information. He must not act dishonestly, or vindictively or capriciously because he must exercise judgment in the matter. He must make what he hone…

DCIT, C-1, Ludhiana vs. M/S Gold Star Amco Steels Pvt. Ltd., Ludhiana

In the results, the book results as duly audited need to be accepted and the addition so made is hereby directed to be deleted

ITA 1198/CHANDI/2017[2012-13]Status: DisposedITAT Chandigarh04 Jun 2024AY 2012-13

Bench: 30Th Of September 2013 And, As Such, Framing Of Assessment By The Assessing Officer Without Observing Mandatory

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Shri Manveet Singh Sehgal, Sr. DR
Section 143(2)Section 144Section 68

…and made as per the business needs of the assessee. Thus, even if best judgment has to be made, it has to be made keeping in view the past history of the case as per binding judgment of Supreme Court in the case CIT Vs. Laxmi Narain Badri Dass as reported in 5 ITR 170 wherein it has been held that "The officer is to make an assessment to the best of his judgment against a person who is in default as regards supplying information. He must not act dishonestly, or vindictively or capriciously because he must exercise judgment in the matter. He must make what he honestly believes to be a fair estimate of the proper…

M/S Gold Star Amco Steels Pvt. Ltd., Ludhiana vs. DCIT, C-1, Ludhiana

In the results, the book results as duly audited need to be accepted and the addition so made is hereby directed to be deleted

ITA 1164/CHANDI/2017[2012-13]Status: DisposedITAT Chandigarh04 Jun 2024AY 2012-13

Bench: 30Th Of September 2013 And, As Such, Framing Of Assessment By The Assessing Officer Without Observing Mandatory

For Appellant: Shri Sudhir Sehgal, AdvocateFor Respondent: Shri Manveet Singh Sehgal, Sr. DR
Section 143(2)Section 144Section 68

…and made as per the business needs of the assessee. Thus, even if best judgment has to be made, it has to be made keeping in view the past history of the case as per binding judgment of Supreme Court in the case CIT Vs. Laxmi Narain Badri Dass as reported in 5 ITR 170 wherein it has been held that "The officer is to make an assessment to the best of his judgment against a person who is in default as regards supplying information. He must not act dishonestly, or vindictively or capriciously because he must exercise judgment in the matter. He must make what he honestly believes to be a fair estimate of the proper…

Venkata Ramireddy Kalluru, Kurnool vs. Income Tax Officer, Ward-2, Kurnool

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

ITA 630/HYD/2023[2017-18]Status: DisposedITAT Hyderabad30 Jan 2024AY 2017-18

Bench: Shri Laliet Kumarassessment Year: 2017-18 Venkata Ramireddy Vs. The Income Tax Officer, Kalluru, Ward-2, Kurnool. 87/1281/12-F, Somisetty Nagar, Kurnool, Andhra Pradesh – 518599. Pan : Dkwpk3931F (Appellant) (Respondent) Assessee By: Shri Sashank Dundu. Revenue By: Shri Aravindakshan, Sr.Ar Date Of Hearing: 30/01/2024 Date Of Pronouncement: 30/01/2024

For Appellant: Shri Sashank DunduFor Respondent: Shri Aravindakshan, SR.AR
Section 115Section 115BSection 142(1)Section 144Section 294Section 69A

…ing the amended provisions of section 115BBE reflects the capricious approach of the NFAC and thus the order is bad in law. 4. The AO as well as the NFAC ought to have followed the ratio laid down by the Privy Council in CIT v. Lakshmi-Narayan Badridas [1937] 5 ITR 170 wherein the Honourable Court observed that limited information furnished by the Assessee should not be a reason for passing an order capriciously and vindictively since even in a best judgment assessment, the correct taxable income and the tax thereon has to be arrived at in accordance with law by following a judicious approach. 5. The tax authorit…

Sh. Sameer Azad Prop., Srinagar vs. Income Tax Officer Ward-3, Srinagar

In the result, the appeals of the assessee bearing ITA No

ITA 114/ASR/2019[2012-13]Status: DisposedITAT Amritsar07 Jun 2023AY 2012-13

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 144Section 144oSection 23(4)Section 250

…IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR. BEFORE DR. M. L. MEENA, ACCOUNTANT MEMBER AND SH. ANIKESH BANERJEE, JUDICIAL MEMBER I.T.A. No.250/Asr/2018& ITA No.114/Asr/2019 Assessment Years: 2007-08& 2012-13 Sameer Azad Sultan Vs. ITO, Ward-3, Prop M/s Azad Filing Station, Kashmir. MunawarabadNowpora, Srinagar. (Respondent) [PAN:-AHBPA3553A] (Appellant) Appellant by Sh. Sudhir Sehgal, Adv Respondent by Sh. Amit Jain, Sr. DR Date of Hearing 29.05.2023 Date of Pronouncement 07.06.2023 ORDER Per:Anikesh Banerjee, JM: Both the instant appeals of the same assessee were filed against the order o…

Shri Sameer Azad Sultan, Srinagar vs. Income Tax Officer, Ward-3Rd, Kashmir

In the result, the appeals of the assessee bearing ITA No

ITA 250/ASR/2018[2007-08]Status: DisposedITAT Amritsar07 Jun 2023AY 2007-08

Bench: Dr. M. L. Meena & Sh. Anikesh Banerjee

Section 144Section 144oSection 23(4)Section 250

…IN THE INCOME TAX APPELLATE TRIBUNAL AMRITSAR BENCH, AMRITSAR. BEFORE DR. M. L. MEENA, ACCOUNTANT MEMBER AND SH. ANIKESH BANERJEE, JUDICIAL MEMBER I.T.A. No.250/Asr/2018& ITA No.114/Asr/2019 Assessment Years: 2007-08& 2012-13 Sameer Azad Sultan Vs. ITO, Ward-3, Prop M/s Azad Filing Station, Kashmir. MunawarabadNowpora, Srinagar. (Respondent) [PAN:-AHBPA3553A] (Appellant) Appellant by Sh. Sudhir Sehgal, Adv Respondent by Sh. Amit Jain, Sr. DR Date of Hearing 29.05.2023 Date of Pronouncement 07.06.2023 ORDER Per:Anikesh Banerjee, JM: Both the instant appeals of the same assessee were filed against the order o…

DCIT, CC-2, Jaipur vs. Shri Jitendra Kumar Agarwal, Jaipur

In the result, appeal of the assessee is dismissed and that of the revenue is also stands dismissed

ITA 181/JPR/2020[2017-18]Status: DisposedITAT Jaipur07 Jun 2023AY 2017-18

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. Manish Agarwal (CA)For Respondent: Sh. Sanjay Dhariwal (CIT) &
Section 132Section 143Section 143(3)Section 145(3)Section 68

…and honest and should not be arbitrary as has been done in our case where the ld.AO in very casual manner applied his own estimated GP rate of the past years for determining the GP of the year under appeal. In this regard reliance is placed on the following. 5 ITR 170 (PC) CIT V/s LaxminarainBadridas: The officer is to make an assessment to the best of his judgment against a person who is in default as regards supplying information. He must not act dishonestly or vindictively or capriciously because he must exercise judgment in the matter. He must make what he honestly believes to be fair estimate of the proper…

DCIT, CC-2, Jaipur vs. M/S. Royal Jewellers, Jaipur

The appeal of the assessee is partly allowed and that of the revenue stands dismissed

ITA 177/JPR/2020[2017-18]Status: DisposedITAT Jaipur07 Jun 2023AY 2017-18

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. Manish Agarwal (CA)For Respondent: Sh. Sanjay Dhariwal (CIT) &
Section 132Section 143Section 143(3)Section 145(3)Section 68

…h estimations should be fair and honest and should not be arbitrary as has been done in our case where the ld. AO in very casual manner applied the GP rate pertaining to the year which is as old as 8 years. In this regard reliance is placed on the following. 5 ITR 170 (PC) CIT V/s Laxminarain Badridas: The officer is to make an assessment to the best of his judgment against a person who is in default as regards supplying information. He must not act dishonestly or vindictively or capriciously because he must exercise judgment in the matter. He must make what he honestly believes to be fair estimate of the proper…

DCIT, CC-2, Jaipur vs. M/S. Royal Jewellers, Jaipur

In the result, appeal of the assessee in ITA No

ITA 176/JPR/2020[2016-17]Status: DisposedITAT Jaipur07 Jun 2023AY 2016-17

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. Manish Agarwal (CA)For Respondent: Sh. Sanjay Dhariwal(CIT)&
Section 143Section 143(3)Section 145(3)

…h estimations should be fair and honest and should not be arbitrary as has been done in our case where the ld. AO in very casual manner applied the GP rate pertaining to the year which is as old as 8 years. In this regard reliance is placed on the following. 5 ITR 170 (PC) CIT V/s LaxminarainBadridas: The officer is to make an assessment to the best of his judgment against a person who is in default as regards supplying information. He must not act dishonestly or vindictively or capriciously because he must exercise judgment in the matter. He must make what he honestly believes to be fair estimate of the proper…

DCIT, CC-2, Jaipur vs. M/S. Royal Jewellers, Jaipur

In the result, appeal of the assessee in ITA No

ITA 175/JPR/2020[2015-16]Status: DisposedITAT Jaipur07 Jun 2023AY 2015-16

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. Manish Agarwal (CA)For Respondent: Sh. Sanjay Dhariwal(CIT)&
Section 143Section 143(3)Section 145(3)

…h estimations should be fair and honest and should not be arbitrary as has been done in our case where the ld. AO in very casual manner applied the GP rate pertaining to the year which is as old as 8 years. In this regard reliance is placed on the following. 5 ITR 170 (PC) CIT V/s LaxminarainBadridas: The officer is to make an assessment to the best of his judgment against a person who is in default as regards supplying information. He must not act dishonestly or vindictively or capriciously because he must exercise judgment in the matter. He must make what he honestly believes to be fair estimate of the proper…

DCIT, CC-2, Jaipur vs. M/S. Royal Jewellers, Jaipur

In the result, appeal of the assessee in ITA No

ITA 174/JPR/2020[2014-15]Status: DisposedITAT Jaipur07 Jun 2023AY 2014-15

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. Manish Agarwal (CA)For Respondent: Sh. Sanjay Dhariwal(CIT)&
Section 143Section 143(3)Section 145(3)

…h estimations should be fair and honest and should not be arbitrary as has been done in our case where the ld. AO in very casual manner applied the GP rate pertaining to the year which is as old as 8 years. In this regard reliance is placed on the following. 5 ITR 170 (PC) CIT V/s LaxminarainBadridas: The officer is to make an assessment to the best of his judgment against a person who is in default as regards supplying information. He must not act dishonestly or vindictively or capriciously because he must exercise judgment in the matter. He must make what he honestly believes to be fair estimate of the proper…

M/S. Royal Jewellers, Jaipur vs. DCIT, Central Circle, Jaipur

The appeal of the assessee is partly allowed and that of the revenue stands dismissed

ITA 116/JPR/2020[2017-18]Status: DisposedITAT Jaipur07 Jun 2023AY 2017-18

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. Manish Agarwal (CA)For Respondent: Sh. Sanjay Dhariwal (CIT) &
Section 132Section 143Section 143(3)Section 145(3)Section 68

…h estimations should be fair and honest and should not be arbitrary as has been done in our case where the ld. AO in very casual manner applied the GP rate pertaining to the year which is as old as 8 years. In this regard reliance is placed on the following. 5 ITR 170 (PC) CIT V/s Laxminarain Badridas: The officer is to make an assessment to the best of his judgment against a person who is in default as regards supplying information. He must not act dishonestly or vindictively or capriciously because he must exercise judgment in the matter. He must make what he honestly believes to be fair estimate of the proper…

M/S. Royal Jewellers, Jaipur vs. DCIT, Central Circle, Jaipur

In the result, appeal of the assessee in ITA No

ITA 115/JPR/2020[2016-17]Status: DisposedITAT Jaipur07 Jun 2023AY 2016-17

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. Manish Agarwal (CA)For Respondent: Sh. Sanjay Dhariwal(CIT)&
Section 143Section 143(3)Section 145(3)

…h estimations should be fair and honest and should not be arbitrary as has been done in our case where the ld. AO in very casual manner applied the GP rate pertaining to the year which is as old as 8 years. In this regard reliance is placed on the following. 5 ITR 170 (PC) CIT V/s LaxminarainBadridas: The officer is to make an assessment to the best of his judgment against a person who is in default as regards supplying information. He must not act dishonestly or vindictively or capriciously because he must exercise judgment in the matter. He must make what he honestly believes to be fair estimate of the proper…

M/S. Royal Jewellers, Jaipur vs. DCIT, Central Circle, Jaipur

In the result, appeal of the assessee in ITA No

ITA 114/JPR/2020[2015-16]Status: DisposedITAT Jaipur07 Jun 2023AY 2015-16

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. Manish Agarwal (CA)For Respondent: Sh. Sanjay Dhariwal(CIT)&
Section 143Section 143(3)Section 145(3)

…h estimations should be fair and honest and should not be arbitrary as has been done in our case where the ld. AO in very casual manner applied the GP rate pertaining to the year which is as old as 8 years. In this regard reliance is placed on the following. 5 ITR 170 (PC) CIT V/s LaxminarainBadridas: The officer is to make an assessment to the best of his judgment against a person who is in default as regards supplying information. He must not act dishonestly or vindictively or capriciously because he must exercise judgment in the matter. He must make what he honestly believes to be fair estimate of the proper…

M/S. Royal Jewellers, Jaipur vs. DCIT, Central Circle, Jaipur

In the result, appeal of the assessee in ITA No

ITA 113/JPR/2020[2014-15]Status: DisposedITAT Jaipur07 Jun 2023AY 2014-15

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. Manish Agarwal (CA)For Respondent: Sh. Sanjay Dhariwal(CIT)&
Section 143Section 143(3)Section 145(3)

…h estimations should be fair and honest and should not be arbitrary as has been done in our case where the ld. AO in very casual manner applied the GP rate pertaining to the year which is as old as 8 years. In this regard reliance is placed on the following. 5 ITR 170 (PC) CIT V/s LaxminarainBadridas: The officer is to make an assessment to the best of his judgment against a person who is in default as regards supplying information. He must not act dishonestly or vindictively or capriciously because he must exercise judgment in the matter. He must make what he honestly believes to be fair estimate of the proper…

Shri Jitendra Kumar Agarwal, Jaipur vs. DCIT, Central Circle-2, Jaipur

In the result, appeal of the assessee is dismissed and that of the revenue is also stands dismissed

ITA 112/JPR/2020[2017-18]Status: DisposedITAT Jaipur07 Jun 2023AY 2017-18

Bench: SHRI SANDEEP GOSAIN (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Sh. Manish Agarwal (CA)For Respondent: Sh. Sanjay Dhariwal (CIT) &
Section 132Section 143Section 143(3)Section 145(3)Section 68

…and honest and should not be arbitrary as has been done in our case where the ld.AO in very casual manner applied his own estimated GP rate of the past years for determining the GP of the year under appeal. In this regard reliance is placed on the following. 5 ITR 170 (PC) CIT V/s LaxminarainBadridas: The officer is to make an assessment to the best of his judgment against a person who is in default as regards supplying information. He must not act dishonestly or vindictively or capriciously because he must exercise judgment in the matter. He must make what he honestly believes to be fair estimate of the proper…