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“estimation of income”

Assessment ProceduresSection 145Section 1453,061 judgments

The decision most relied on for estimation of income is CIT v. Simit P. Sheth (356 ITR 451), cited in 1,465 judgments on BharatTax.

Leading authorities on estimation of income

CIT v. Simit P. Sheth
356 ITR 451 · 2013 · High Court
1,465
citing judgments

When purchases are unproved or presumed to be from the grey market, the entire amount of such purchases should not be disallowed; instead, income can be estimated by applying a reasonable gross profit rate to the unaccounted sales or turnover, especially in assessments arising from search proceedings involving seized documents.

Rotork Controls India Pvt. Ltd. v. CIT
314 ITR 62 · 2009 · Supreme Court
739
citing judgments

A provision for expenses, such as warranty, is a deductible liability for income tax purposes if it constitutes a present obligation arising from past events, and a reliable estimate of the amount of obligation is possible.

Sanjay Oilcake Industries v. CIT
316 ITR 274 · 2009 · High Court
460
citing judgments

In cases of alleged bogus or unverifiable purchases, rather than disallowing the entire purchase value, a reasonable profit element or a proportionate percentage of the purchases should be added back to the assessee's income.

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.

CIT v. Devi Prasad Vishwanath Prasad
72 ITR 194 · 1969 · Supreme Court
272
citing judgments

If there is an unexplained cash credit, the Assessing Officer can treat it as the assessee's income, even when the income is finalized on an estimation basis, without proving its specific source. The onus then shifts to the assessee to prove that the income represented by the cash credit has already been taxed.

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. Balchand Ajit Kumar
263 ITR 610 · 2003 · High Court
212
citing judgments

When making an addition for unaccounted receipts, on-money, or non-genuine purchases/sales, the addition should be restricted to the estimated profit element embedded in such transactions, rather than the entire gross amount, particularly when evidence of corresponding expenditure is incomplete. This estimation often involves applying a net profit rate.

Harigopal Singh v. CIT
258 ITR 85 · 2002 · High Court
203
citing judgments

Penalty under section 271(1)(c) cannot be levied when an addition to income is made on an estimated basis without concrete evidence of concealment or furnishing inaccurate particulars of income. The provisions of section 271(1)(c) are not attracted to cases where income is assessed on an estimate basis.

Judgments citing estimation of income

D.C.I.T.-CC-Xxx, Kolkata vs. M/S Besco Ltd., Kolkata

In the result, appeals of the revenue for the A

ITA 2720/KOL/2013[2010-2011]Status: DisposedITAT Kolkata26 Apr 2017AY 2010-2011

Bench: Shri J.Sudhakar Reddy, Am & S.S.Viswanethra Ravi, Jm आयकर अपील सं./Ita No.2716 To 2720/Kol/2013 ("नधा"रण वष" /Assessment Year:2006-2007 To 2010-2011) Dcit, Cc-Xxx, Kolkata Vs. M/S Besco Ltd, 8, Anil Maitra Road, Kolkata-700019 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcb 2723 R .. (अपीलाथ" /Appellant) (""यथ" / Respondent) राज"व क" ओर से /Revenue By : Shri Niraj Kumar, Cit Dr "नधा"रती क" ओर से /Assessee By: Ms. Manju L. Shukla, Fca सुनवाई क" तार"ख / Date Of Hearing : 26/04/2017 घोषणा क" तार"ख/Date Of Pronouncement 26/04/2017 आदेश / O R D E R Per J.Sudhakar Reddy, Am: All These Appeals Filed By The Revenue Are Directed Against The Common Order Of The Commissioner Of Income Tax (Appeals)-Iii Kolkata, Dated 30.09.2013 For The Assessment Years 2006-07 To 2010-11. 2. Since Common Issues Are Involved In All The Appeals Of The Revenue, Therefore, All The Appeals Are Heard Altogether & Disposed Off By This Common Order. The Facts Mentioned In Ita No.2716/Kol/2013 Are Taken Into Consideration For Deciding All The Appeals. 3. Facts Of The Case Brought Out By The Ld. Cit(A) From Para 5 To Para 9 Of His Order Are Extracted Below For Ready Reference :- 1. Introductory Facts & Circumstances Of The Case, The Groups, The Issues & The Sequence Of The Assessment Orders. The Case Is Peculiar & Therefore A Prior Brief Of The Facts & Issues Will Help To Better Understand The Case & Its Circumstances. Further Details Will Be Later At The Relevant Part In This Order.

For Appellant: Ms. Manju L. Shukla, FCAFor Respondent: Shri Niraj Kumar, CIT DR
Section 397Section 398

upheld by the ld. CIT(A), has not been challenged by the assessee. Ld. CIT(A) was of the view that the estimation of income done by the AO is excessive. He held that the assessee has been in the business for the last 75 years and the accounts that

D.C.I.T.-CC-Xxx, Kolkata vs. M/S Besco Ltd., Kolkata

In the result, appeals of the revenue for the A

ITA 2719/KOL/2013[2009-2010]Status: DisposedITAT Kolkata26 Apr 2017AY 2009-2010

Bench: Shri J.Sudhakar Reddy, Am & S.S.Viswanethra Ravi, Jm आयकर अपील सं./Ita No.2716 To 2720/Kol/2013 ("नधा"रण वष" /Assessment Year:2006-2007 To 2010-2011) Dcit, Cc-Xxx, Kolkata Vs. M/S Besco Ltd, 8, Anil Maitra Road, Kolkata-700019 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcb 2723 R .. (अपीलाथ" /Appellant) (""यथ" / Respondent) राज"व क" ओर से /Revenue By : Shri Niraj Kumar, Cit Dr "नधा"रती क" ओर से /Assessee By: Ms. Manju L. Shukla, Fca सुनवाई क" तार"ख / Date Of Hearing : 26/04/2017 घोषणा क" तार"ख/Date Of Pronouncement 26/04/2017 आदेश / O R D E R Per J.Sudhakar Reddy, Am: All These Appeals Filed By The Revenue Are Directed Against The Common Order Of The Commissioner Of Income Tax (Appeals)-Iii Kolkata, Dated 30.09.2013 For The Assessment Years 2006-07 To 2010-11. 2. Since Common Issues Are Involved In All The Appeals Of The Revenue, Therefore, All The Appeals Are Heard Altogether & Disposed Off By This Common Order. The Facts Mentioned In Ita No.2716/Kol/2013 Are Taken Into Consideration For Deciding All The Appeals. 3. Facts Of The Case Brought Out By The Ld. Cit(A) From Para 5 To Para 9 Of His Order Are Extracted Below For Ready Reference :- 1. Introductory Facts & Circumstances Of The Case, The Groups, The Issues & The Sequence Of The Assessment Orders. The Case Is Peculiar & Therefore A Prior Brief Of The Facts & Issues Will Help To Better Understand The Case & Its Circumstances. Further Details Will Be Later At The Relevant Part In This Order.

For Appellant: Ms. Manju L. Shukla, FCAFor Respondent: Shri Niraj Kumar, CIT DR
Section 397Section 398

upheld by the ld. CIT(A), has not been challenged by the assessee. Ld. CIT(A) was of the view that the estimation of income done by the AO is excessive. He held that the assessee has been in the business for the last 75 years and the accounts that

D.C.I.T.-CC-Xxx, Kolkata vs. M/S Besco Ltd., Kolkata

In the result, appeals of the revenue for the A

ITA 2718/KOL/2013[2008-2009]Status: DisposedITAT Kolkata26 Apr 2017AY 2008-2009

Bench: Shri J.Sudhakar Reddy, Am & S.S.Viswanethra Ravi, Jm आयकर अपील सं./Ita No.2716 To 2720/Kol/2013 ("नधा"रण वष" /Assessment Year:2006-2007 To 2010-2011) Dcit, Cc-Xxx, Kolkata Vs. M/S Besco Ltd, 8, Anil Maitra Road, Kolkata-700019 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcb 2723 R .. (अपीलाथ" /Appellant) (""यथ" / Respondent) राज"व क" ओर से /Revenue By : Shri Niraj Kumar, Cit Dr "नधा"रती क" ओर से /Assessee By: Ms. Manju L. Shukla, Fca सुनवाई क" तार"ख / Date Of Hearing : 26/04/2017 घोषणा क" तार"ख/Date Of Pronouncement 26/04/2017 आदेश / O R D E R Per J.Sudhakar Reddy, Am: All These Appeals Filed By The Revenue Are Directed Against The Common Order Of The Commissioner Of Income Tax (Appeals)-Iii Kolkata, Dated 30.09.2013 For The Assessment Years 2006-07 To 2010-11. 2. Since Common Issues Are Involved In All The Appeals Of The Revenue, Therefore, All The Appeals Are Heard Altogether & Disposed Off By This Common Order. The Facts Mentioned In Ita No.2716/Kol/2013 Are Taken Into Consideration For Deciding All The Appeals. 3. Facts Of The Case Brought Out By The Ld. Cit(A) From Para 5 To Para 9 Of His Order Are Extracted Below For Ready Reference :- 1. Introductory Facts & Circumstances Of The Case, The Groups, The Issues & The Sequence Of The Assessment Orders. The Case Is Peculiar & Therefore A Prior Brief Of The Facts & Issues Will Help To Better Understand The Case & Its Circumstances. Further Details Will Be Later At The Relevant Part In This Order.

For Appellant: Ms. Manju L. Shukla, FCAFor Respondent: Shri Niraj Kumar, CIT DR
Section 397Section 398

upheld by the ld. CIT(A), has not been challenged by the assessee. Ld. CIT(A) was of the view that the estimation of income done by the AO is excessive. He held that the assessee has been in the business for the last 75 years and the accounts that

D.C.I.T.-CC-Xxx, Kol, Kolkata vs. M/S Besco Ltd., Kolkata

In the result, appeals of the revenue for the A

ITA 2717/KOL/2013[2007-2008]Status: DisposedITAT Kolkata26 Apr 2017AY 2007-2008

Bench: Shri J.Sudhakar Reddy, Am & S.S.Viswanethra Ravi, Jm आयकर अपील सं./Ita No.2716 To 2720/Kol/2013 ("नधा"रण वष" /Assessment Year:2006-2007 To 2010-2011) Dcit, Cc-Xxx, Kolkata Vs. M/S Besco Ltd, 8, Anil Maitra Road, Kolkata-700019 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcb 2723 R .. (अपीलाथ" /Appellant) (""यथ" / Respondent) राज"व क" ओर से /Revenue By : Shri Niraj Kumar, Cit Dr "नधा"रती क" ओर से /Assessee By: Ms. Manju L. Shukla, Fca सुनवाई क" तार"ख / Date Of Hearing : 26/04/2017 घोषणा क" तार"ख/Date Of Pronouncement 26/04/2017 आदेश / O R D E R Per J.Sudhakar Reddy, Am: All These Appeals Filed By The Revenue Are Directed Against The Common Order Of The Commissioner Of Income Tax (Appeals)-Iii Kolkata, Dated 30.09.2013 For The Assessment Years 2006-07 To 2010-11. 2. Since Common Issues Are Involved In All The Appeals Of The Revenue, Therefore, All The Appeals Are Heard Altogether & Disposed Off By This Common Order. The Facts Mentioned In Ita No.2716/Kol/2013 Are Taken Into Consideration For Deciding All The Appeals. 3. Facts Of The Case Brought Out By The Ld. Cit(A) From Para 5 To Para 9 Of His Order Are Extracted Below For Ready Reference :- 1. Introductory Facts & Circumstances Of The Case, The Groups, The Issues & The Sequence Of The Assessment Orders. The Case Is Peculiar & Therefore A Prior Brief Of The Facts & Issues Will Help To Better Understand The Case & Its Circumstances. Further Details Will Be Later At The Relevant Part In This Order.

For Appellant: Ms. Manju L. Shukla, FCAFor Respondent: Shri Niraj Kumar, CIT DR
Section 397Section 398

upheld by the ld. CIT(A), has not been challenged by the assessee. Ld. CIT(A) was of the view that the estimation of income done by the AO is excessive. He held that the assessee has been in the business for the last 75 years and the accounts that

D.C.I.T.-CC-Xxx, Kol, Kolkata vs. M/S Besco Ltd., Kolkata

In the result, appeals of the revenue for the A

ITA 2716/KOL/2013[2006-2007]Status: DisposedITAT Kolkata26 Apr 2017AY 2006-2007

Bench: Shri J.Sudhakar Reddy, Am & S.S.Viswanethra Ravi, Jm आयकर अपील सं./Ita No.2716 To 2720/Kol/2013 ("नधा"रण वष" /Assessment Year:2006-2007 To 2010-2011) Dcit, Cc-Xxx, Kolkata Vs. M/S Besco Ltd, 8, Anil Maitra Road, Kolkata-700019 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcb 2723 R .. (अपीलाथ" /Appellant) (""यथ" / Respondent) राज"व क" ओर से /Revenue By : Shri Niraj Kumar, Cit Dr "नधा"रती क" ओर से /Assessee By: Ms. Manju L. Shukla, Fca सुनवाई क" तार"ख / Date Of Hearing : 26/04/2017 घोषणा क" तार"ख/Date Of Pronouncement 26/04/2017 आदेश / O R D E R Per J.Sudhakar Reddy, Am: All These Appeals Filed By The Revenue Are Directed Against The Common Order Of The Commissioner Of Income Tax (Appeals)-Iii Kolkata, Dated 30.09.2013 For The Assessment Years 2006-07 To 2010-11. 2. Since Common Issues Are Involved In All The Appeals Of The Revenue, Therefore, All The Appeals Are Heard Altogether & Disposed Off By This Common Order. The Facts Mentioned In Ita No.2716/Kol/2013 Are Taken Into Consideration For Deciding All The Appeals. 3. Facts Of The Case Brought Out By The Ld. Cit(A) From Para 5 To Para 9 Of His Order Are Extracted Below For Ready Reference :- 1. Introductory Facts & Circumstances Of The Case, The Groups, The Issues & The Sequence Of The Assessment Orders. The Case Is Peculiar & Therefore A Prior Brief Of The Facts & Issues Will Help To Better Understand The Case & Its Circumstances. Further Details Will Be Later At The Relevant Part In This Order.

For Appellant: Ms. Manju L. Shukla, FCAFor Respondent: Shri Niraj Kumar, CIT DR
Section 397Section 398

upheld by the ld. CIT(A), has not been challenged by the assessee. Ld. CIT(A) was of the view that the estimation of income done by the AO is excessive. He held that the assessee has been in the business for the last 75 years and the accounts that

Smt. Kusum Gupta, New Delhi vs. ITO, New Delhi

In the result, the appeal of the assessee is dismissed

ITA 6633/DEL/2014[2006-07]Status: PendingITAT Delhi06 Apr 2017AY 2006-07

Bench: Shri B.P. Jainassessment Year 2006-07 Smt. Kusum Kapoor, Vs. Ito, Ward-33(4), New 37/8, Ground Floor, Delhi. Old Rajender Nagar, New Delhi. Pan: Ajkpk 0066F (Appellant) (Respondent) Revenue By : S/Shri Kapil Goel & Mukul Gupta, Adv., Assessee(S) By : Ms. Bedobani Chaudhuri, Sr.D.R. सुनवाई क" तारीख/Date Of Hearing : 29/03/2017 घोषणा क" तारीख /Date Of Pronouncement: 06/04/2017 Order This Appeal Of The Assessee Arises From The Order Of Learned Cit(A)- Xxvi, New Delhi Vide Order Dated 27.10.2014 For The Assessment Year 2006-07. 2. The Assessee Is An Individual. The Return Of Income For A.Y. 2006-07 Was Furnished Declaring An Income Of Rs. 2,33,580/- Comprising Of Income From Business, Short Term Capital Gains & Income From Other Sources. An Action Under Section 133A Of The Act Was Conducted In The Case Of The Husband Of The Assessee Sh. Sanjeev Kapoor On 05.12.2005 & On The Basis Of The Information Revealed From The Survey, Notice Under Section 148 Dated 27.02.2013 Was Issued To The Assessee. In The Survey Conducted, An Agreement Pertaining To A Plot In Kundli Measuring 500 2

For Respondent: S/Shri Kapil Goel and Mukul Gupta, Adv
Section 133ASection 147Section 148Section 292CSection 3

133A was conducted on 15.12.2005 that too before prospective amendment in section 292C by Finance Act, 2008 (11412008)i d. On vague estimation of income of Rs 500,000 without adequate evidence, in routine and ordinary manner instant reopening is made Addition of Rs 13,}4,750 as undisclosed short