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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

Sandhya Ramdev Kunjur, Mumbai vs. ACIT, Circle 19(3), Mumbai

In the result, appeal of the assessee is allowed

ITA 389/MUM/2024[2012-13]Status: DisposedITAT Mumbai25 Jul 2024AY 2012-13

Bench: Us:- “1. The Learned Cit(A) Has Erred In Dismissing The Appeal Holding That Appellant Needs To File A Separate Appeal Against The Order Dated 22-12-2019 Passed U/S. 144 Rws 147 When Said Order Is Issued In Electronic Mode On The Inactive Pan: Αλεpk5449B & 2 Sandhya Ramdev Kunjar The Present System Does Not Permit The Appellant To Access The Account Bearing Invalid Pan To File The Appeal Electronically Against Such Order. 2. The Learned Cit(A) Has Erred In Upholding The Order U/S. 154 Of The Learned A O Which Did Not Give Any Reason For Holding That The Relief Sought For By The Appellant Was "Beyond The Scope Of The Act". 3. The Learned Cit-A Has Ignored The Jurisdictional High Court Judgements In Blue Star Engineering Co (Bombay) (P) Ltd Vs Cit Bombay City [1967] 73 Itr 263 (Bom) & Other Decisions In Holding That The Relief Sought By The Appellant In Her Petition U/S. 154 Could Not Be Granted. Accordingly, It Is Prayed That This Honourable Court Allow The Appeal & Direct The Respondent To Cancel The Assessment Order Passed On 22-12-2019 Under Section 144 On The Inactive Pan.”

Section 144Section 147Section 148Section 154

filed any return of income in response to notice u/s.148. Thereafter, he issued a final show-cause notice and passed the best judgment assessment u/s.144 and added the entire amount of Rs.1,48,28,284/- vide order dated 22/12/2019 u/s.144 r.w.s.147. The assessment order has been passed on other