D.Shantha, Villupuram vs. ITO, Villupuram
In the result, the assessee’s appeal in ITA No
ITA 1829/CHNY/2016[2009-10]Status: DisposedITAT Chennai27 Sept 2017AY 2009-10
Bench: Shri N.R.S. Ganesan & Shri S. Jayaraman
For Appellant: Shri. T. Vasudevan, AdvocateFor Respondent: Shri. Nataraja, JCIT
Section 143(3)Section 263Section 271(1)(c)
…aken almost vital details from them during the assessment, revision and reassessment proceedings and the assessing officer also assessed the income for these assessment years based upon such materials. The Kerala High Court in the case of CIT vs T.J. Mathai 269 ITR 492 held that an assessment by estimate is as much legal as any other assessment. Once an assessment has been done, whether it is a best judgement assessment or otherwise, the figure assessed must be held to be the income of the assessee. Such an assessment would not affect the levy of penalty. Thus, the additions made in the impugned assessment ord…