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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

The Deputy Commissioner of Income Tax (Exemptions), Vijayawada vs. Sri Saraswathi Educational Society, Hyderabad

ITA 87/VIZ/2018[2013-14]Status: DisposedITAT Visakhapatnam30 Apr 2024AY 2013-14

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. Nos.87 & 288/Viz/2018 (निर्धारण वर्ा / Assessment Years: 2013-14 & 2014-15)

this case as the decision of Hon’ble SC is on the Sales Tax Act which does 11 not have provision for best judgment assessment whereas Income Tax Act has section 144. 3. On the facts and circumstances of the case, CIT(A) has erred in deciding that best judgment ... information compelling the AO to take recourse to a reasonable estimate by disallowance of expenditure U/s. 144 of the Act in framing the Best Judgment Assessment. 13. The CIT (A) ought to have considered the judgment in the case of Tara Singh vs. ITO 81 taxmann.com 293 (Punjab & Haryana) wherein

Deputy Commissioner of Income Tax, (Exemptions), Vijayawada vs. Bharat Reddy Educational Society, Hyderabad

ITA 289/VIZ/2018[2014-15]Status: DisposedITAT Visakhapatnam30 Apr 2024AY 2014-15

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. Nos.87 & 288/Viz/2018 (निर्धारण वर्ा / Assessment Years: 2013-14 & 2014-15)

this case as the decision of Hon’ble SC is on the Sales Tax Act which does 11 not have provision for best judgment assessment whereas Income Tax Act has section 144. 3. On the facts and circumstances of the case, CIT(A) has erred in deciding that best judgment ... information compelling the AO to take recourse to a reasonable estimate by disallowance of expenditure U/s. 144 of the Act in framing the Best Judgment Assessment. 13. The CIT (A) ought to have considered the judgment in the case of Tara Singh vs. ITO 81 taxmann.com 293 (Punjab & Haryana) wherein

Deputy Commissioner of Income Tax, (Exemptions), Vijayawada vs. Sri Saraswathi Educational Society, Hyderabad

ITA 288/VIZ/2018[2014-15]Status: DisposedITAT Visakhapatnam30 Apr 2024AY 2014-15

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. Nos.87 & 288/Viz/2018 (निर्धारण वर्ा / Assessment Years: 2013-14 & 2014-15)

this case as the decision of Hon’ble SC is on the Sales Tax Act which does 11 not have provision for best judgment assessment whereas Income Tax Act has section 144. 3. On the facts and circumstances of the case, CIT(A) has erred in deciding that best judgment ... information compelling the AO to take recourse to a reasonable estimate by disallowance of expenditure U/s. 144 of the Act in framing the Best Judgment Assessment. 13. The CIT (A) ought to have considered the judgment in the case of Tara Singh vs. ITO 81 taxmann.com 293 (Punjab & Haryana) wherein

Deputy Commissioner of Income Tax, (Exemptions), Vijayawada vs. Sri Satyanarayana Swamy Educational Society, Hyderabad

ITA 287/VIZ/2018[2014-15]Status: DisposedITAT Visakhapatnam30 Apr 2024AY 2014-15

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. Nos.87 & 288/Viz/2018 (निर्धारण वर्ा / Assessment Years: 2013-14 & 2014-15)

this case as the decision of Hon’ble SC is on the Sales Tax Act which does 11 not have provision for best judgment assessment whereas Income Tax Act has section 144. 3. On the facts and circumstances of the case, CIT(A) has erred in deciding that best judgment ... information compelling the AO to take recourse to a reasonable estimate by disallowance of expenditure U/s. 144 of the Act in framing the Best Judgment Assessment. 13. The CIT (A) ought to have considered the judgment in the case of Tara Singh vs. ITO 81 taxmann.com 293 (Punjab & Haryana) wherein

Deputy Commissioner of Income Tax, (Exemptions), Vijayawada vs. Sri Surya Educational Society, Hydeerabad

ITA 286/VIZ/2018[2014-15]Status: DisposedITAT Visakhapatnam30 Apr 2024AY 2014-15

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. Nos.87 & 288/Viz/2018 (निर्धारण वर्ा / Assessment Years: 2013-14 & 2014-15)

this case as the decision of Hon’ble SC is on the Sales Tax Act which does 11 not have provision for best judgment assessment whereas Income Tax Act has section 144. 3. On the facts and circumstances of the case, CIT(A) has erred in deciding that best judgment ... information compelling the AO to take recourse to a reasonable estimate by disallowance of expenditure U/s. 144 of the Act in framing the Best Judgment Assessment. 13. The CIT (A) ought to have considered the judgment in the case of Tara Singh vs. ITO 81 taxmann.com 293 (Punjab & Haryana) wherein

Deputy Commissioner of Income Tax, (Exemptions), Vijayawada vs. Sri Mahanandeeswara Educational Soceity, Hyderabad

ITA 285/VIZ/2018[2014-15]Status: DisposedITAT Visakhapatnam30 Apr 2024AY 2014-15

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. Nos.87 & 288/Viz/2018 (निर्धारण वर्ा / Assessment Years: 2013-14 & 2014-15)

this case as the decision of Hon’ble SC is on the Sales Tax Act which does 11 not have provision for best judgment assessment whereas Income Tax Act has section 144. 3. On the facts and circumstances of the case, CIT(A) has erred in deciding that best judgment ... information compelling the AO to take recourse to a reasonable estimate by disallowance of expenditure U/s. 144 of the Act in framing the Best Judgment Assessment. 13. The CIT (A) ought to have considered the judgment in the case of Tara Singh vs. ITO 81 taxmann.com 293 (Punjab & Haryana) wherein

Deputy Commissioner of Income Tax, (Exemptions), Vijayawada vs. Sri Venkateswara Educational Society, Hyderabad

ITA 284/VIZ/2018[2014-15]Status: DisposedITAT Visakhapatnam30 Apr 2024AY 2014-15

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. Nos.87 & 288/Viz/2018 (निर्धारण वर्ा / Assessment Years: 2013-14 & 2014-15)

this case as the decision of Hon’ble SC is on the Sales Tax Act which does 11 not have provision for best judgment assessment whereas Income Tax Act has section 144. 3. On the facts and circumstances of the case, CIT(A) has erred in deciding that best judgment ... information compelling the AO to take recourse to a reasonable estimate by disallowance of expenditure U/s. 144 of the Act in framing the Best Judgment Assessment. 13. The CIT (A) ought to have considered the judgment in the case of Tara Singh vs. ITO 81 taxmann.com 293 (Punjab & Haryana) wherein

Deputy Commissioner of Income Tax, (Exemptions), Vijayawada vs. Sri Keshava Reddy Educational Society, Hyderabad

ITA 283/VIZ/2018[2014-15]Status: DisposedITAT Visakhapatnam30 Apr 2024AY 2014-15

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. Nos.87 & 288/Viz/2018 (निर्धारण वर्ा / Assessment Years: 2013-14 & 2014-15)

this case as the decision of Hon’ble SC is on the Sales Tax Act which does 11 not have provision for best judgment assessment whereas Income Tax Act has section 144. 3. On the facts and circumstances of the case, CIT(A) has erred in deciding that best judgment ... information compelling the AO to take recourse to a reasonable estimate by disallowance of expenditure U/s. 144 of the Act in framing the Best Judgment Assessment. 13. The CIT (A) ought to have considered the judgment in the case of Tara Singh vs. ITO 81 taxmann.com 293 (Punjab & Haryana) wherein

Deputy Commissioner of Income Tax, (Exemptions), Vijayawada vs. Kesava Reddy Educational Trust, Hyderabad

ITA 282/VIZ/2018[2014-15]Status: DisposedITAT Visakhapatnam30 Apr 2024AY 2014-15

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. Nos.87 & 288/Viz/2018 (निर्धारण वर्ा / Assessment Years: 2013-14 & 2014-15)

this case as the decision of Hon’ble SC is on the Sales Tax Act which does 11 not have provision for best judgment assessment whereas Income Tax Act has section 144. 3. On the facts and circumstances of the case, CIT(A) has erred in deciding that best judgment ... information compelling the AO to take recourse to a reasonable estimate by disallowance of expenditure U/s. 144 of the Act in framing the Best Judgment Assessment. 13. The CIT (A) ought to have considered the judgment in the case of Tara Singh vs. ITO 81 taxmann.com 293 (Punjab & Haryana) wherein

Deputy Commissioner of Income Tax, (Exemptions), Vijayawada vs. Keshava Educational Society, Hyderabad

ITA 281/VIZ/2018[2014-15]Status: DisposedITAT Visakhapatnam30 Apr 2024AY 2014-15

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकर अपील सं./ I.T.A. Nos.87 & 288/Viz/2018 (निर्धारण वर्ा / Assessment Years: 2013-14 & 2014-15)

this case as the decision of Hon’ble SC is on the Sales Tax Act which does 11 not have provision for best judgment assessment whereas Income Tax Act has section 144. 3. On the facts and circumstances of the case, CIT(A) has erred in deciding that best judgment ... information compelling the AO to take recourse to a reasonable estimate by disallowance of expenditure U/s. 144 of the Act in framing the Best Judgment Assessment. 13. The CIT (A) ought to have considered the judgment in the case of Tara Singh vs. ITO 81 taxmann.com 293 (Punjab & Haryana) wherein

Syed Waquar Hussain, Kolkata vs. ACIT, Cir. 2(1), Kolkata

In the result, appeal of the assessee is allowed

ITA 206/KOL/2024[2017-18]Status: DisposedITAT Kolkata30 Apr 2024AY 2017-18

Bench: Dr. Manish Borad, Hon’Ble & Shri Pradip Kumar Choubey, Hon’Blei.T.A. No. 206/Kol/2024 Assessment Year: 2017-18 Syed Waquar Hussain Assistant Commissioner Of C/O Sri Jitendra Kaushik, Advocate Vs Income Tax, Circle-2(1), International Taxation, Kolkata 19D, Muktaram Babu Street Kolkata - 700007 [Pan : Adnph9460R] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : Shri Sunil Surana, A/R Revenue By : Shri Swapan Kumar Bera, Addl. Cit, Sr. D/R सुनवाई क" तारीख/Date Of Hearing : 16/04/2024 घोषणा क" तारीख /Date Of Pronouncement: 30/04/2024 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The Commissioner Of Income Tax (Appeals) – 22, Kolkata (Hereinafter The “Ld. Cit(A)”) Dt. 30/01/2024, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2017- 18. 2. The Only Issue For Our Consideration Is Regarding Addition Of Rs. 15,72,500/- Confirmed By The Ld. Cit(A) Which Was Made By The Ld. Assessing Officer On Account Of Unexplained Cash Deposit During Demonetisation Period. 3. At The Outset, The Ld. Counsel For The Assessee Submitted That The Assessee Is A Non-Resident Indian (Nri) & Prior To The Alleged Cash Deposit, Assessee Had Withdrawn The Amount From Its Bank Account & The Cash In Hand Available With The Assessee Has Been Used For Making

For Appellant: Shri Sunil Surana, A/RFor Respondent: Shri Swapan Kumar Bera, Addl. CIT, Sr. D/R
Section 144Section 250Section 69A

Bank of India during demonetisation period. Since no response was given by the assessee during the assessment proceedings, the ld. Assessing Officer framed best judgment assessment u/s 144 of the Act and made addition of Rs.15,72,500/- as unexplained cash deposit u/s 69A of the Act. We further observe

The Kadavalur Service Cooperative Bank Limited No3821, Thrissur vs. The Income Tax Officer, Ward 1, Guruvayur

In the result, the appeal and Stay Application filed by the assessee are dismissed

ITA 637/COCH/2023[2008-09]Status: DisposedITAT Cochin30 Apr 2024AY 2008-09

Bench: Shri Sanjay Arora, Am & Ms. Kavitha Rajagopal, Jm & Stay Application No. 150/Coch/2023 (Arising Out Of Ita No. 637/Coch/2023 (Assessment Year: 2008-09)

For Appellant: Shri Dilip BalachandranFor Respondent: 08.02.2024
Section 139(1)Section 142(1)Section 144Section 147Section 148Section 250Section 804(5)Section 80A(5)Section 80PSection 80P(2)

which the assessee had filed audit report. The ld. A.O. then passed the assessment order dated 31.12.2015 u/s. 144 of the Act as best judgment assessment for the reason that the assessee has failed to furnish the return of income along with the complete details pertaining to the interest payments ... notice u/s. 148 of the Act. The ld. A.O. then proceeded to pass the assessment order u/s. 144 of the Act as best judgment assessment. The ld. A.O. in the assessment order has held that the assessee’s primary object or the principal business was not to provide financial assistance

Vipul Jain, Indore vs. The Income Tax Officer, 5(2), Indore

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

ITA 431/IND/2023[2017-18]Status: DisposedITAT Indore29 Apr 2024AY 2017-18

Bench: Shri Vijay Pal Rao & Shri B.M. Biyanivipul Jain Ito, 5(2) 18, Ganesh Colony, Rambag Indore Vs. Mp (Appellant / Assessee) (Respondent/ Revenue) Pan: Agnpj8206E Assessee By Shri S.N. Agrawal, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 24.04.2024 Date Of Pronouncement 29.04.2024

Section 69A

that the impugned order may be set aside and matter may be remanded to the record of the AO who has also passed best judgment assessment. 8. On the other hand, ld. DR has submitted that the assessee has not responded to the notices issued ... first reply through department portal. Therefore, the AO was having no option but to assess the income of the assessee u/s 144 as best judgment assessment. Ld. DR has fairly submitted that since the assessment order was also passed u/s 144 therefore, the matter may be remanded to the record

Vijaykumar Ramratan Jain, Mumbai vs. Commissioner of Income Tax-Appeal Income Tax Department NFAC, Delhi, Mumbai

ITA 4291/MUM/2023[2016-17]Status: DisposedITAT Mumbai29 Apr 2024AY 2016-17

Bench: SHRI OM PRAKASH KANT, ACCOUNTANT MEMBER SHRI RAHUL CHAUDHARY (Judicial Member)

For Appellant: Shri Pratik ChabbariaFor Respondent: Ms. Rajeshwari Menon
Section 144Section 234ASection 234BSection 271(1)(c)Section 271F

position to respond to the notices issued during the assessment proceedings. As a result the Appellant was proceeded ex-parte and best judgment assessment under Section 144 of the Act was framed on the 4 Appellant vide Assessment Order dated 24/12/2018 making an addition of INR 44,64,000/- under

Abdul Rajik, Indore vs. Assistant Commissioner of Income-Tax, 4(1), Indore

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

ITA 407/IND/2023[2016-2017]Status: DisposedITAT Indore24 Apr 2024AY 2016-2017

Bench: Shri Vijay Pal Rao & Shri B.M. Biyaniabdul Rajik Acit 4(1) Indore Indore Vs. (Appellant / Assessee) (Respondent/ Revenue) Pan: Brqpr4381H Assessee By Shri Arpit Gaur, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 23.04.2024 Date Of Pronouncement 24.04.2024

Section 139Section 144Section 148Section 272BSection 69A

return of income therefore, the AO left with no option to pass an ex-parte order u/s 144 and framed as best judgment assessment. The assessee challenged action of the AO before the CIT(A) however, there was no compliance to the notices issued by the CIT(A) and consequently ... under-signed is left with no option but to pass an ex-parte order u / s 144 of the IT Act, i.e. a "best-judgment" assessment.” 5.1 Though the assessee has questioned the PAN which was mentioned by the AO in the notices/show cause notice however, the AO verified from

Chirag Jayantilal Bilakhia, Mumbai vs. ITO, Matru Mandir, Mumbai

In the result, appeal filed by the assessee is allowed in above terms

ITA 3942/MUM/2023[2016-17]Status: DisposedITAT Mumbai24 Apr 2024AY 2016-17

Bench: Shri. Prashant Maharshi & Shri. Raj Kumar Chauhanchirag Jayantilal Bilakhia Vs. Income Tax Officer -19(1)(3), B-1803, Magunum Tower, Dr. S. S. Matru Mandir, Tardeo Road, Rao Road, Lalbaug, Mumbai – Mumbai – 400007. Mumbai 400012. Pan: Acepb1247Q

Section 142(1)Section 143(2)Section 144Section 250Section 253Section 271(1)(b)Section 288A

under:- Chirag Jayantilal Bilakhia 3. The Ld. Assessing Officer, Ward 19(1)(3), Mumbai (hereinafter referred to as the “AO”) has passed the best judgment Assessment Order u/s. 144 of the Act. It becomes evident from the said assessment order that the return of income was filed on 25.03.2017 declaring ... opportunity given to him by the Ld. AO and therefore, the Ld. AO was left with no option but to pass the best judgment assessment order u/s. 144 of the Act. It is further argued that the assessee/appellant has even failed to represent its case before

Swarna Latha, Secunderabad vs. Income Tax Officer-Ward 10(3), Hyderabad

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

ITA 306/HYD/2024[2017-18]Status: DisposedITAT Hyderabad23 Apr 2024AY 2017-18

Bench: Shri Manjunatha. G. Hon’Bleassessment Year: 2017-18 Smt. Swarna Latha, Vs. The Income Tax Officer, Ward 10(3), 5-1-269, 1St Floor, Hyderabad. Pramod Sarojinidevi Libra, R.P. Road, Secunderabad - 500003 Telangana. Pan : Arwpm0164C (Appellant / Assessee) (Respondent) Assessee By: Shri Kumar Pal Tated, C.A. Revenue By: Ms. Vishnu Priya, Sr.Ar. 23.04.2024 Date Of Hearing: Date Of Pronouncement: 23.04.2024

For Appellant: Shri Kumar Pal Tated, C.AFor Respondent: Ms. Vishnu Priya, Sr.AR
Section 142(1)Section 144Section 249(4)(b)Section 69A

issued requiring the assessee to file return of income. Since there was no response from the assessee, the Assessing Officer has passed best judgment assessment order u/s 144 r.w.s. 143(3) of the Act and made addition of Rs.10,59,000/- towards cash deposits made into her bank account during

Anil Gupta (HUF), Hyderabad vs. Income Tax Officer, Ward 8(3), Hyderabad

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

ITA 305/HYD/2024[2012-2013]Status: HeardITAT Hyderabad22 Apr 2024AY 2012-2013

Bench: Shri Manjunatha, G.आ.अपी.सं /Ita No.305/Hyd/2024 (िनधा"रण वष" / Assessment Year: 2012-13) Shri Anil Gupta (Huf) Vs. Income Tax Officer Hyderabad Ward 8(3) Pan:Aajha0786J Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri Pankaj Sancheti, Ca राज" व "ारा/Revenue By:: Smt. Vishnu Priya, Dr सुनवाई की तारीख/Date Of Hearing: 22/04/2024 घोषणा की तारीख/Pronouncement: 22/04/2024

For Appellant: Shri Pankaj Sancheti, CAFor Respondent: : Smt. Vishnu Priya, DR
Section 115BSection 144Section 147Section 148Section 69Section 69A

vide their letter dated 12.11.2019, but the Assessing Page 3 of 4 ITA No 305 of 2024 Anil Gupta HUF Officer passed the best judgment assessment order without considering the details submitted by the assessee to justify its case. Further, the learned CIT (A) failed to consider the relevant details

Dilip Kumar Jain, Ramganjmandi vs. Assistant Commissioner, Kota

In the result, appeal of the assessee is partly allowed

ITA 180/JPR/2024[2018-19]Status: DisposedITAT Jaipur22 Apr 2024AY 2018-19

Bench: Hearing.” 3. Succinctly, The Fact As Culled Out From The Records Is That Assessee Is An Individual & Derives Income From Business, Agriculture & Other

For Appellant: Sh. S. L. Poddar (Adv.)For Respondent: Sh. Arvind Kumar (CIT)
Section 132(1)Section 139Section 142Section 143(2)Section 143(3)

Dilip Kumar Jain vs. Assistant Commissioner (7) Brij Bhushan Lal Parduman Kumar Vs. CIT (1978) 115 ITR 524 (SC) “The authority making a best judgment assessment must make an honest and fair estimate of the income of the assessee, same must not be capricious but should have a reasonable nexus

Flymantra Trips Private Limited, Aditya East Park vs. ITO Ward 5(1)(3), Gautam Budh Nagar

In the result, the appeal is allowed for statistical purposes

ITA 3523/DEL/2023[2017-18]Status: DisposedITAT Delhi22 Apr 2024AY 2017-18

Bench: Shri Challa Nagendra Prasad:Assessment Year: 2017-18

Section 115Section 144Section 69A

learned counsel for the assessee further submits that in this case, assessment was completed under Section 144 of the Act as best judgment assessment by the Assessing Officer as the assessee could not comply with the notices issued and the learned Commissioner of Income-Tax(Appeals) dismissed the appeal