Shankar Khandasari Sugar Mills v. CIT

193 ITR 669High Court1992#1777 most cited

What is Shankar Khandasari Sugar Mills v. CIT authority for?

Best judgment assessments under Section 144 must be a fair and rational estimation of income by the Assessing Officer, not capricious or arbitrary. Appellate authorities should accept clarificatory evidence to test the fairness of such assessments, even if produced for the first time.

64

judgments rely on this decision, according to BharatTax’s citation analysis of 366,339 Indian tax judgments — from 2017 to 2026.

Also referred to as

Shankar Khandasari Sugar Mills · 193 ITR 669 · Section 144 Income Tax Act · best judgment assessment · arbitrary assessment · capricious assessment · fair estimation of income · clarificatory evidence · additional evidence CIT(A) · appellate authority powers · fairness of assessment · rational estimation

Issues it is cited on

Judgments citing Shankar Khandasari Sugar Mills v. CIT

Shreeji Developers, Vadodara, Gujarat vs. Income Tax Officer, Ward 3(1)(2), Aayakar Bhavan, Vadodara

In the result, the appeal filed by the assessee is allowed

ITA 1526/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad29 Oct 2024AY 2017-18

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.1526/Ahd/2024 िनधा"रण वष" /Assessment Year : 2017-18 Shreeji Developers The Income Tax Officer बनाम/ Nishad Residency Ward-3(1)(2) V/S. Flat -5, 3Rd Floor Vadodara 19, Vinayak Society Near Natubhai Circle, Gotri Vadodara – 390 007 "थायी लेखा सं./Pan: Adbfs 9273 P अपीलाथ%/ (Appellant) &' यथ%/ (Respondent) Assessee By : Shri Karan Shah, Ca Revenue By : Shri B.P. Srivastava, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 21/10/2024 घोषणा की तारीख /Date Of Pronouncement: 29/10/2024 आदेश/O R D E R Per Makarand V. Mahadeokar, Am:

For Appellant: Shri Karan Shah, CAFor Respondent: Shri B.P. Srivastava, Sr.DR
Section 144BSection 147Section 148Section 69C

…tamp duty. The Departmental Representative did not object to admission of additional evidence. 6. After considering the submissions of both parties and the judicial precedents cited by the assessee (including Sri Shankar Khandasari Sugar Mills vs. CIT (1992) 193 ITR 669 [Karnataka High Court] and Braganza Shreeji Developers vs. ITO Asst. Year : 2017-18 5 Construction (P.) Ltd. vs. ACIT [2020] 116 taxmann.com 11 [Bombay High Court], we are of the view that the additional evidence submitted by the assessee is clarificatory in nature and goes to the root of the matter. The evidence has a direct bearing on the exp…