← All Phrases

“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

Income Tax Officer, Ward-1, Khammam vs. Varalakhsmi Constructions, Khammam

In the result, both the appeal filed by the revenue are dismissed

ITA 304/HYD/2024[2016-17]Status: DisposedITAT Hyderabad04 Feb 2025AY 2016-17

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.303 & 304/Hyd/2024 (िनधा"रण वष"/Assessment Years: 2014-15 & 2016-17) Income Tax Officer Vs. Varalakshmi Ward-1 Constructions Khammam Khammam Pan:Aagfv0744C (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri B Bala Krishna, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 23/01/2025 घोषणा की तारीख/Pronouncement: 04/02/2025 आदेश/Order Per Vijay Pal Raothese Two Appeals Filed By The Revenue Are Directed Against The Separate Orders Of The Learned Cit (A) Nfac Delhi Both Dated 22/01/2024 For The A.Ys 2014-15 & 2016-17 Respectively. The Revenue Has Raised Identical Grounds Of Appeal For These A.Ys. The Grounds Raised By The Revenue For The A.Y 2014-15 Are As Under:

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri B Bala Krishna, CIT(DR)
Section 144Section 148Section 69A

present case are based on identical facts, therefore, the learned CIT (A) has taken a consistent view while passing the impugned order and estimated the income @ 5% of the turnover. The learned AR has further submitted that this Tribunal in assessee’s own case with sister concerns and others ... addition of the entire amount. It is pertinent to note that in case of MAA Highways (P) Ltd, the Assessing Officer himself has estimated the income of the said assessee @ 8% vide Page 6 of 23 ITA Nos 303 and 304 of 2024 Varalakshmi Constructions order dated 30/03/2022. The relevant

Income Tax Officer, Ward 1, Khammam vs. Varalakshmi Constructions, Khammam

In the result, both the appeal filed by the revenue are dismissed

ITA 303/HYD/2024[2014-15]Status: DisposedITAT Hyderabad04 Feb 2025AY 2014-15

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.303 & 304/Hyd/2024 (िनधा"रण वष"/Assessment Years: 2014-15 & 2016-17) Income Tax Officer Vs. Varalakshmi Ward-1 Constructions Khammam Khammam Pan:Aagfv0744C (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri P Murali Mohan Rao, Ca राज" व "ारा/Revenue By:: Shri B Bala Krishna, Cit(Dr) सुनवाई की तारीख/Date Of Hearing: 23/01/2025 घोषणा की तारीख/Pronouncement: 04/02/2025 आदेश/Order Per Vijay Pal Raothese Two Appeals Filed By The Revenue Are Directed Against The Separate Orders Of The Learned Cit (A) Nfac Delhi Both Dated 22/01/2024 For The A.Ys 2014-15 & 2016-17 Respectively. The Revenue Has Raised Identical Grounds Of Appeal For These A.Ys. The Grounds Raised By The Revenue For The A.Y 2014-15 Are As Under:

For Appellant: Shri P Murali Mohan Rao, CAFor Respondent: : Shri B Bala Krishna, CIT(DR)
Section 144Section 148Section 69A

present case are based on identical facts, therefore, the learned CIT (A) has taken a consistent view while passing the impugned order and estimated the income @ 5% of the turnover. The learned AR has further submitted that this Tribunal in assessee’s own case with sister concerns and others ... addition of the entire amount. It is pertinent to note that in case of MAA Highways (P) Ltd, the Assessing Officer himself has estimated the income of the said assessee @ 8% vide Page 6 of 23 ITA Nos 303 and 304 of 2024 Varalakshmi Constructions order dated 30/03/2022. The relevant