Qayum & Co. v. CIT

1 ITR 375Reported decision1933#8838 most cited
12

judgments rely on this decision, according to BharatTax’s citation analysis of 292,668 Indian tax judgments — from 2016 to 2025.

Sections most often in play

Section 144Section 147Section 148Section 142(1)Section 144BSection 234BSection 234ASection 234C

Issues it is cited on

section 251(l)(a)audi alteram partemsection 251(2)best judgment assessmentsection 246section 246asection 251escapement of incomesection 250(6)section 24commissioner (appeals)speaking order

Judgments citing Qayum & Co. v. CIT

INCOMETAX OFFICER, THRIUVALLUR vs. GT60 ARUNGULAM PRIMARY AGRI COOPERATIVE CREDIT SOCIETY, TIRUTTANI

In the result, the appeal filed by the Revenue is dismissed

ITA 2781/CHNY/2024[2018-19]Status: DisposedITAT Chennai17 Jul 2025AY 2018-19

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.2781/Chny/2024 िनधा"रण वष"/Assessment Year: 2018-19 The Income Tax Officer, Vs. Gt60 Arungulam Primary Agri Ward 1, Cooperative Credit Society, Tiruvallur. No. 1, Periya Theru, Thumbikulam Village, Thalavedu Post & Taluk, Tiruvallur 631 212. [Pan: Aabag2568F] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Ms. R. Anita, Addl. Cit ""थ" की ओर से/Respondent By : Shri Malar Mannan, Advocate सुनवाई की तारीख/ Date Of Hearing : 02.06.2025 घोषणा की तारीख /Date Of Pronouncement : 17.07.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Revenue Is Directed Against The Order Dated 26.07.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2018-19. 2. We Find That This Appeal Is Filed With A Delay Of 24 Days. The Ito, Ward 1, Tiruvallur Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said

For Appellant: Ms. R. Anita, Addl. CITFor Respondent: Shri Malar Mannan, Advocate
Section 142(1)Section 148Section 69ASection 69C

…ing Officer does not posses absolutely arbitrary authority to assess at any figure he likes and that although he is not bound by strict judicial principles he should be guided by rules of justice, equity and good conscience [Abdul Qayum & Co., Vs. CIT, (1933) 1 ITR 375, 378 (Oudh)]. A best judgment assessment is not by way penalty for non-compliance [Jot Ram Sher Singh Vs. CIT, (1934) 2 ITR 129 (All) and it cannot be made capriciously in utter disregard to the material on record [Gunda Subbayya Vs. CIT, (1939) 7 ITR 21, 26-7 (Mad-- FB); CIT Vs. S. Sen, (1949) 17 ITR 355 (Orissa)]. Here, I may quote the relevant p…

KAILASH CHAND,JAIPUR vs. ITO WARD, BEHROR, BEHROR

In the result, the appeal of the assessee is allowed

ITA 565/JPR/2024[2012-13]Status: DisposedITAT Jaipur10 Mar 2025AY 2012-13

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Judicial Member)

For Appellant: Sh. Mahendra Gargieya, Adv. &For Respondent: Sh. Dinesh Badgujar, Addl. CIT
Section 142(1)Section 144Section 144BSection 147Section 148Section 234A

…Officer does not possess absolutely arbitrary authority to assessee at any figure he likes and that although he is not bound by strict judicial principles he should be guided by rules of justice, equity and good conscience [Abdul Qayum & Co., Vs. CIT, (1933) 1 ITR 375, 378 (Oudh)]. A best judgment assessment is not by way penalty for non-compliance [Jot Ram Sher Singh Vs. CIT, (1934) 2 ITR 129 (All) and it cannot be made capriciously in utter disregard to the material on record [Gunda Subbayya Vs. CIT, (1939) 7 ITR 21, 26-7 (Mad-- FB); CIT Vs. S. Sen, (1949) 17 ITR 355 (Orissa)].” 2.3 Supporting Case Laws: 2.3.1…

PUNEET SINGHVI,KOTA vs. ITO, WARD-2(1), KOTA

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

ITA 1294/JPR/2024[2013-14]Status: DisposedITAT Jaipur13 Feb 2025AY 2013-14

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI (Accountant Member)

For Appellant: Shri Mahendra Gargieya, Advocate &For Respondent: Shri Gautam Singh Choudhary, JCIT-DR
Section 144Section 147Section 148Section 2(47)Section 234ASection 48Section 50C

…Officer does not possess absolutely arbitrary authority to assessee at any figure he likes and that although he is not bound by strict judicial principles he should be guided by rules of justice, equity and good conscience [Abdul Qayum & Co., Vs. CIT, (1933) 1 ITR 375, 378 (Oudh)]. A best judgment assessment is not by way penalty for non-compliance [Jot Ram Sher Singh Vs. CIT, (1934) 2 ITR 129 (All) and it cannot be made capriciously in utter disregard to the material on record [Gunda Subbayya Vs. CIT, (1939) 7 ITR 21, 26-7 (Mad-- FB); CIT Vs. S. Sen, (1949) 17 ITR 355 (Orissa)].” 6.3 A decision is in the case…

MUSTAFA KATTHAWALA,KOTA vs. DCIT ACIT, CIRCLE-2, KOTA, KOTA

In the result, the appeal of the assessee is allowed for\nstatistical purposes

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)

…icer does\nnot possess absolutely arbitrary authority to assessee at any figure\nhe likes and that although he is not bound by strict judicial principles\nhe should be guided by rules of justice, equity and good conscience\n[Abdul Qayum & Co., Vs. CIT, (1933) 1 ITR 375, 378 (Oudh)]. A best\njudgment assessment is not by way penalty for non-compliance [Jot\nRam Sher Singh Vs. CIT, (1934) 2 ITR 129 (All) and it cannot be\nmade capriciously in utter disregard to the material on record [Gunda\nSubbayya Vs. CIT, (1939) 7 ITR 21, 26-7 (Mad-- FB); CIT Vs. S. Sen,\n(1949) 17 ITR 355 (Orissa)].”\n3.3 A decision is in the…

VIMLADEVI AGROTECH LIMITED ,KOTA vs. ACIT, WD -1(2), KOTA, 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

…Officer does not possess absolutely arbitrary authority to assessee at any figure he likes and that although he is not bound by strict judicial principles he should be guided by rules of justice, equity and good conscience [Abdul Qayum & Co., Vs. CIT, (1933) 1 ITR 375, 378 (Oudh)]. A best judgment assessment is not by way penalty for non-compliance [Jot Ram Sher Singh Vs. CIT, (1934) 2 ITR 129 (All) and it cannot be made capriciously in utter disregard to the material on record [Gunda Subbayya Vs. CIT, (1939) 7 ITR 21, 26-7 (Mad-- FB); CIT Vs. S. Sen, (1949) 17 ITR 355 (Orissa)].” 3.3 A decision is in the case…

RAM KUMAR GUPTA,KOLKATA vs. ACIT, CIR. 43, , KOLKATA

In the result, the appeal of the assessee stands allowed

ITA 309/KOL/2024[2017-18]Status: DisposedITAT Kolkata09 Aug 2024AY 2017-18

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.309/Kol/2024 Assessment Year: 2017-18 Ram Kumar Gupta…...…………….....……………………....………....Appellant 67/46, Posta Chowrasta, Kolkata -700007. [Pan: Adrpg8556B] Vs. Acit, Circle-43, Kolkata…...................................................…..…..... Respondent Appearances By: Shri Rajiva Kumar, Ar, Appeared On Behalf Of The Appellant. Shri Abhijit Kundu, Cit- Dr On Behalf Of P. P. Barman, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 30, 2024 Date Of Pronouncing The Order : August 09, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 07.12.2023 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Agitated Against The Confirmation Of Addition Of Rs.1,10,46,000/- Made By The Assessing Officer On Account Of Cash Deposits In The Bank Account Of The Assessee During Demonetization Period. 3. The Brief Facts Of The Case Are That The Assessee Derives Income From Retail Trading In The Name Of M/S R. Kumar & Co. The Assessee Filed His Return Of Income On 28.07.2017 Declaring A Total Income Of Rs.8,19,420/-. The Return Was Selected For Scrutiny & Notices U/S

Section 250Section 44ASection 68

…(1953)24 ITR 93]. "Although the assessment proceeding under this section is not a judicial proceeding in the strict sense, the AO must be guided by the judicial considerations and by the rule of justice, equity and good conscience" [Abdul Kayam Vs. GIT (1933) 1 ITR 375, Kunwarji Ananda Vs. CIT (1931) 5 ITC 417, GIT Vs. Ranicherra Tea (1994) 207 ITR 979}. 1.16 In case of a best judgment assessment "the AO should not be influenced by a desire to punish the assessee for default which attracts the operation of this section, however culpable such default might be" [Jot Ram Sher Singh Vs CIT (1934) 2 ITR 129]. Further,…

BRIDGE & BUILDING CONSTRUCTION CO. PVT. LTD.,KOLKATA vs. ACIT, CENTRAL CIRCLE - 2(1), KOLKATA , KOLKATA

ITA 534/KOL/2018[2014-15]Status: DisposedITAT Kolkata22 Dec 2021AY 2014-15

Bench: Hon’Ble Shri A. T. Varkey, Jm & Shri Manish Borad, Am]

Section 143(2)Section 144

…, as assessed finally, form a reasonable basis for such an estimation, although other material on record can also be taken into account. Our view finds support from the decision of the Hon’ble Chief Court of Oudh in the case of Abdul Qayum& Co. vs. CIT (1933) 1 ITR 375 (Oudh), wherein it was held that although the AO was not bound by strict judicial principles, he should be guided by rules of justice, equity and good conscious. In the case of State of Orissa vs. Maharaja Shri B.P. Singh Deo (1970) 76 ITR 690 (SC), Hon’ble Supreme Court held that the power of levy on best judgment was not an arbitrary power. The a…

BRIDGE & BUILDING CONSTRUCTION CO. PVT. LTD.,KOLKATA vs. DCIT, CENTRAL CIRCLE - 2(1), KOLKATA , KOLKATA

ITA 533/KOL/2018[2012-13]Status: DisposedITAT Kolkata22 Dec 2021AY 2012-13

Bench: Hon’Ble Shri A. T. Varkey, Jm & Shri Manish Borad, Am]

Section 143(2)Section 144

…, as assessed finally, form a reasonable basis for such an estimation, although other material on record can also be taken into account. Our view finds support from the decision of the Hon’ble Chief Court of Oudh in the case of Abdul Qayum& Co. vs. CIT (1933) 1 ITR 375 (Oudh), wherein it was held that although the AO was not bound by strict judicial principles, he should be guided by rules of justice, equity and good conscious. In the case of State of Orissa vs. Maharaja Shri B.P. Singh Deo (1970) 76 ITR 690 (SC), Hon’ble Supreme Court held that the power of levy on best judgment was not an arbitrary power. The a…

DCIT, CIRCLE - 10(1), KOLKATA , KOLKATA vs. M/S. BRIDGE & BUILDING CONSTRUCTION CO. PVT. LTD., KOLKATA

ITA 375/KOL/2018[2014-15]Status: DisposedITAT Kolkata22 Dec 2021AY 2014-15

Bench: Hon’Ble Shri A. T. Varkey, Jm & Shri Manish Borad, Am]

Section 143(2)Section 144

…, as assessed finally, form a reasonable basis for such an estimation, although other material on record can also be taken into account. Our view finds support from the decision of the Hon’ble Chief Court of Oudh in the case of Abdul Qayum& Co. vs. CIT (1933) 1 ITR 375 (Oudh), wherein it was held that although the AO was not bound by strict judicial principles, he should be guided by rules of justice, equity and good conscious. In the case of State of Orissa vs. Maharaja Shri B.P. Singh Deo (1970) 76 ITR 690 (SC), Hon’ble Supreme Court held that the power of levy on best judgment was not an arbitrary power. The a…

DCIT, CIRCLE - 10(1), KOLKATA , KOLKATA vs. M/S. BRIDGE & BUILDING CONSTRUCTION CO. PVT. LTD., KOLKATA

ITA 374/KOL/2018[2012-13]Status: DisposedITAT Kolkata22 Dec 2021AY 2012-13

Bench: Hon’Ble Shri A. T. Varkey, Jm & Shri Manish Borad, Am]

Section 143(2)Section 144

…, as assessed finally, form a reasonable basis for such an estimation, although other material on record can also be taken into account. Our view finds support from the decision of the Hon’ble Chief Court of Oudh in the case of Abdul Qayum& Co. vs. CIT (1933) 1 ITR 375 (Oudh), wherein it was held that although the AO was not bound by strict judicial principles, he should be guided by rules of justice, equity and good conscious. In the case of State of Orissa vs. Maharaja Shri B.P. Singh Deo (1970) 76 ITR 690 (SC), Hon’ble Supreme Court held that the power of levy on best judgment was not an arbitrary power. The a…

BRIDGE & BUILDING CONSTRUCTION CO. PVT. LTD.,KOLKATA vs. ITO, WARD - 10(1), , KOLKATA

ITA 2116/KOL/2018[2013-14]Status: DisposedITAT Kolkata22 Dec 2021AY 2013-14

Bench: Hon’Ble Shri A. T. Varkey, Jm & Shri Manish Borad, Am]

Section 143(2)Section 144

…, as assessed finally, form a reasonable basis for such an estimation, although other material on record can also be taken into account. Our view finds support from the decision of the Hon’ble Chief Court of Oudh in the case of Abdul Qayum& Co. vs. CIT (1933) 1 ITR 375 (Oudh), wherein it was held that although the AO was not bound by strict judicial principles, he should be guided by rules of justice, equity and good conscious. In the case of State of Orissa vs. Maharaja Shri B.P. Singh Deo (1970) 76 ITR 690 (SC), Hon’ble Supreme Court held that the power of levy on best judgment was not an arbitrary power. The a…

BHAGIRATHI ASSOCIATES,HOOGHLY vs. I.T.O WD - 1(2),HOOGHLY., HOOGHLY

In the result, assessee’s appeal stands allowed for statistical purposes

ITA 562/KOL/2013[2009-10]Status: DisposedITAT Kolkata10 Aug 2016AY 2009-10

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Years:2006-07

Section 143(2)Section 143(3)Section 40

…sing Officer does not possess absolutely arbitrary authority to assess at any figure he likes and that although he is not bound by strict judicial principles he should be guided by rules of justice, equity and good conscience [Abdul Qayum & Co. v. CIT, (1993) 1 ITR 375, 378 (Oudh). A best judgment assessment is not by way of penalty for non-compliance [Jot Ram Sher Singh v. CIT, (1934) 2 ITR 129 (All)] and it cannot be made capriciously in utter disregard to the material on record [Gunda Subbayya v. CIT (1939) 7 ITR 21, 26-27 (Mad-FB); CIT v. S.Sen (1949) 17 ITR 355 (Ori). In view of above we are of the considere…