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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

Samrat Kumar Ghosh, Darjeeling vs. I.T.O., Ward - 2(3), Kolkata

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

ITA 1495/KOL/2024[2017-2018]Status: DisposedITAT Kolkata24 Sept 2024AY 2017-2018

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.1495/Kol/2024 Assessment Year: 2017-18 Samrat Kumar Ghosh……..…….…....…………….......…....………....Appellant Tumbe Jote, Matigara, Rabin Sen Colony, Darjeeling, W.B – 734010. [Pan: Aqepg2359J] Vs. Ito, Ward-2(3), Siliguri.......................................................…..…..... Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 24, 2024 Date Of Pronouncing The Order : September 24, 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 18.03.2023 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 Is Aggrieved By The Action Of The Lower Authorities In Making Addition Of Rs.55,53,171/- On Account Of Unexplained Cash Credits. 3. The Assessing Officer Found That There Were Cash Credits In The Bank Account Of The Assessee. However, The Assessee Could Not Give Satisfactory Explanation Regarding The Source Of The Said Cash Credits. Even The Assessee Did Not Reply To The Various Notices Issued By The Assessing Officer. The Assessing Officer, Therefore, Made The Impugned

Section 144Section 250

आयकर अपील"य अ"धकरण, कोलकाता पीठ ‘सी’, कोलकाता IN THE INCOME TAX APPELLATE TRIBUNAL “B” BENCH KOLKATA Before Shri

Shweta Singh, Siliguri vs. ITO, Ward 2(3), Siliguri

In the result, the appeal of the assessee is allowed for 8

ITA 14/KOL/2024[2015-16]Status: DisposedITAT Kolkata04 Sept 2024AY 2015-16

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. No.14/Kol/2024 Assessment Year: 2015-16 Shweta Singh ………. Appellant 204, Tower No. 15, Mig Colony, Uttarayan, Matigara, Siliguri-734010. (Pan: Bndps2756J) Vs. Income Tax Officer ………… Respondent Ward-2(3), Siliguri, W.B. Appearances By: Shri Vikash Surana, Ar Appeared For Appellant. Shri Pradip Kumar Biswas, Addl. Cit Appeared For Respondent. Date Of Concluding The Hearing : 26.08.2024 Date Of Pronouncing The Order : 04.09.2024 Order Per Dr. Manish Borad: This Appeal Filed At The Instance Of The Assessee Pertaining To The Assessment Year (In Short “Ay”) 2015-16 Is Directed Against The Order Passed U/S 250 Of The Income Tax Act, 1961 In Short The “Act”) By Ld. Commissioner Of Income-Tax, (Appeals), National Faceless Appeal Centre (Nfac), Delhi [In Short Ld. “Cit(A)”] Dated 06.11.2023 Arising Out Of The Assessment Order Framed U/S. 143(3)/144 Of The Act By Income Tax Officer, Ward-2(3), Siliguri Dated 11.12.2017. I.T.A. No. 14/Kol/2024 Shweta Singh, Ay : 2015-16

Section 143(2)Section 143(3)Section 144Section 250Section 56(2)(vii)

Rs.52,01,911/- and assessed the income at Rs.68,55,380/-. The Ld. AO has framed best judgment assessment u/s. 144 of the Act in the following manner: Page 3 of 5 I.T.A. No. 14/Kol/2024 Shweta Singh, AY : 2015-16 6. Aggrieved, assessee preferred appeal before