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“best judgment assessment”

Assessment ProceduresSection 144Section 1441,400 judgments

The decision most relied on for best judgment assessment is Kachwala Gems v. JCIT (288 ITR 10), cited in 332 judgments on BharatTax.

Leading authorities on best judgment assessment

Kachwala Gems v. JCIT
288 ITR 10 · 2007 · Supreme Court
332
citing judgments

In a best judgment assessment, some guesswork is inherent, but the estimate must be fair and not arbitrary. Books of account can be rejected under Section 145(3) if the assessee fails to substantiate entries or prove the genuineness of transactions, leading to estimation of income.

Commissioner of Sales Tax v. H.M. Esufali H.M. Abdulali
90 ITR 271 · 1973 · Supreme Court
232
citing judgments

The Supreme Court established principles for best judgment assessments, stating that some guesswork is inevitable but the assessment must be bona fide, rational, and free from bias or capriciousness. An appellate authority cannot substitute its judgment for that of the Assessing Officer unless the AO's assessment is shown to be biased, irrational, vindictive, or capricious, especially when the assessee fails to provide proper accounts or counter-evidence.

CIT v. Gurubachhan Singh J. Juneja
302 ITR 63 · 2008 · High Court
147
citing judgments

When unaccounted receipts or suppressed sales are detected and books of account are rejected under Section 145(3), additions to income must be restricted to the profit element embedded in such transactions, not the entire transaction value. This profit element is to be estimated by considering the assessee's regular profit ratio as per books of account.

Man Mohan Sadani v. CIT
304 ITR 52 · 2008 · High Court
132
citing judgments

When assessing income from undisclosed or unrecorded sales, the entire sale proceeds cannot be added to the assessee's income; instead, only the net profit embedded in such unaccounted sales, determined by applying the assessee's net profit rate, should be taxed.

Brij Bhushan Lal Paraduman Kumar v. CIT
115 ITR 524 · 1978 · Supreme Court
113
citing judgments

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.

CIT v. Laxminarain Badridas
5 ITR 170 · 1937 · Supreme Court
79
citing judgments

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.

State of Kerala v. C. Velukutty
60 ITR 239 · 1966 · Supreme Court
78
citing judgments

A best judgment assessment must be based on wisdom, truth, and legal principles, not arbitrary caprice. While it involves estimation and guesswork, this must have a reasonable nexus to available material and the case's circumstances.

Shankar Khandasari Sugar Mills v. CIT
193 ITR 669 · 1992 · High Court
64
citing judgments

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.

Judgments citing best judgment assessment

Income Tax Officer, Barabanki vs. Sateesh Kumar, Barabanki

In the result, the appeal of the Revenue is dismissed

ITA 274/LKW/2024[2017-18]Status: DisposedITAT Lucknow25 Apr 2025AY 2017-18

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Income Tax Officer, Vs. Sateesh Kumar, Barabanki, U.P. H. No.9, Bhitariya, Ramsanehighat, H/O Baneekodar, Barabanki, U.P. Pan:Ctjpk3341N (Appellant) (Respondent) Assessee By: Sh. Shubham Rastogi, C.A. Revenue By: Sh. Sanjeev Krishna Sharma, Addl. Cit (Dr) Date Of Hearing: 02.04.2025 Date Of Pronouncement: 25.04.2025 O R D E R Per Nikhil Choudhary, A.M.: [ This Is An Appeal Filed By The Revenue Against The Order Of The Ld. Cit(A) Dated 13.03.2004 Partly Allowing The Appeal Of The Assesseee Against The Assessment Made Under Section 143(3) Of The Income Tax Act, 1961 On 24.09.2019. The Grounds Of Appeal Preferred By The Revenue Are As Under:- “1. Because On The Facts & Circumstances Of The Case, The Ld. Cit(A) Has Erred In Law & In Facts While Deleting The Addition Of Rs. 77,96,530/- Under Section 69A Of The I.T Act 1961 By Suo-Moto Taking The Bank Deposits As Turnover & Estimating The Profit @ 8% Of Rs. 95,83,320/- Ignoring The Fact That The Assessee Has Not Furnished Complete Details Of Bank Deposits, The Same Is Added To The Total Income Of The Assessee As Unexplained Money U/S 69A Of The I.T. Act. 1961. 2. That The Order Of Cit (A), Being Erroneous In Law & In Facts Be Cancelled & The Order Of The Ao Be Restored. 3. Any Other Grounds Arose During The Proceedings Of Appeal.”

For Appellant: Sh. Shubham Rastogi, C.AFor Respondent: Sh. Sanjeev Krishna Sharma, Addl. CIT
Section 115Section 142(1)Section 143(3)Section 144(1)(b)Section 44ASection 69A

furnish details regarding his income, the provisions of section 144(1)(b) were being invoked to complete the proceedings as a best judgment assessment, after affording the assessee an opportunity with a show cause notice. The ld. AO pointed out that since the assessee had not filed a return

Karuppannan Kulandaivel, Karungaradu, Salem vs. Income Tax Officer - ITO Ward 1(8), Salem

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

ITA 371/CHNY/2025[2011-12]Status: DisposedITAT Chennai25 Apr 2025AY 2011-12

Bench: Shri Aby T Varkey, Hon’Ble & Shri S. R. Raghunatha, Hon’Bleआयकर अपील सं./Ita No.371/Chny/2025 ("नधा"रण वष" / Assessment Year: 2011-12) Vs Shri Karuppannan Kulandaivel, The Income Tax Officer, 2/4-898, Karungaradu, Ito Ward 1(8), Navapatty (Po), Mettur Taluk, Salem. Salem – 636 452. Pan : Anwpk 1060F (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri Srivatsan Ranganathan, Ca ""यथ" क" ओर से/Respondent By : Shri Keerthi Narayanan, Jcit सुनवाई क" तार"ख/Date Of Hearing : 23.04.2025 घोषणा क" तार"ख/Date Of Pronouncement : 25.04.2025 आदेश / O R D E R Per S R Raghunatha, Am: This Appeal By The Assessee Is Filed Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Dated 26.12.2024 For The Assessment Year 2011-12. 2. The Brief Facts Of The Case Are That The Assessee Is An Individual & Has Not Filed His Return Of Income For The Assessment Year 2011- 12. As Per Information, The Assessee Has Transactions In His Savings

For Appellant: Shri Srivatsan Ranganathan, CAFor Respondent: Shri Keerthi Narayanan, JCIT
Section 144Section 148Section 69A

notice u/s.148 of the Act was issued. Though AO had issued several notices, the assessee remained non-compliant and hence, the AO passed best judgment assessment u/s.144 of the Act by adding the entire cash deposits of Rs.27,49,000/- as unexplained money u/s.69A of the Act. Aggrieved

Balamahendran, Chennai vs. ITO, Ncw-8(1), Chennai

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

ITA 417/CHNY/2025[2017-18]Status: DisposedITAT Chennai23 Apr 2025AY 2017-18

Bench: Shri George George Kand Shri Amitabh Shuklaआयकर अपील सं./Ita No.: 417/Chny/2025 िनधा"रण वष"/Assessment Year:2017-18 Shri Balamahendran, The Income Tax Officer, No.19/4/2, Anantharama Krishnan Vs. Non-Corporate Ward 8(1), Street, Saligramam, Chennai Chennai – 600 093. Pan: Airpb 2962R (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Ms. B. Agnus Jennifer, Advocate ""यथ" क" ओर से/Respondent By : Ms. Gowthami Manivasagam,Jcit सुनवाई क" तारीख/Date Of Hearing : 23.04.2025 घोषणा क" तारीख/Date Of Pronouncement : 23.04.2025

For Appellant: Ms. B. Agnus Jennifer, AdvocateFor Respondent: Ms. Gowthami Manivasagam,JCIT
Section 144Section 250

files of the AO as a last opportunity for proper representation of his case, since the order passed by the AO is also best judgment assessment. 5. The Ld.DR submitted that adequate opportunities were provided from the offices of the AO and the CIT(A) and there is no violation ... view that assessee ought to be provided with one more opportunity to represent its case. Since the proceedings before the AO is also best judgment assessment, we deem it appropriate to restore the matter to the files of the AO. Accordingly, the matter is remitted to the files