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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

DCIT, Circle-2, Trichy vs. M/S. Mc Hospital, Nagapattinam

In the result, the appeal of the Revenue is dismissed as the Cross

ITA 11/CHNY/2021[2017-18]Status: DisposedITAT Chennai19 Aug 2022AY 2017-18

Bench: Shri Mahavir Singh & Shri Girish Agrawalassessment Year: 2017-18 Deputy Commissioner Of M/S. M. C. Hospital Income-Tax, Plot No. 38, Sivan Sannathi Circle-2, Trichy. Street, Velipalayam, O/O The Joint Nagapattinam, Vs. Commissioner Of Income Tamil Nadu-611001. Tax, Range-2, No. 100, (Pan: Aapfm2058R) Nanjikottai Road, Thanjavur, Tamil Nadu- 620001. (Appellant) (Respondent) & C.O. No. 6/Chny/2022 In Ita No.11/Chny/2021 Assessment Year: 2017-18 M/S. M. C. Hospital Deputy Commissioner Of Plot No. 38, Sivan Sannathi Income-Tax, Street, Velipalayam, Circle-2, Trichy. Nagapattinam, Vs. O/O The Joint Commissioner Tamil Nadu-611001. Of Income Tax, Range-2, No. (Pan: Aapfm2058R) 100, Nanjikottai Road, Thanjavur, Tamil Nadu- 620001. (Cross Objector) (Respondent) Present For: Revenue/Appellant By : Shri Chinthapalli Mehar Chand, Jcit Assessee/Cross Objector By : Shri K. P. Dewani, Advocate Date Of Hearing : 24.05.2022 Date Of Pronouncement : 19.08.2022 O R D E R Per Girish Agrawal: This Appeal By The Revenue & The Cross Objection By The Assessee Are Directed Against The Order Of Ld. Cit(A)-1, Trichy Vide Ita No.535/2019-20/Cit(A0-1/Try Dated 23.09.2020 Against The Assessment Order Passed By Acit, Circle-2(1), Trichy U/S. 143(3) Of The 2

For Appellant: Shri Chinthapalli Mehar Chand, JCIT
Section 143(3)

pharmacy receipts, on which tax is paid by the assessee on the income embedded in such receipts. Thus, on such receipts, further estimation of income is unjustified and tantamounting to double addition. 11.1 Further, without complying with the provisions of section 251(2) of the Act, Ld. CIT(A) proceeded

Dr. P. Dayananda Pai, Bangalore vs. The Deputy Commissioner of Income Tax, Circle- 2(2), Bangalore

In the result, appeal of the Assessee is partly allowed for statistical purpose

ITA 150/BANG/2020[2005-06]Status: DisposedITAT Bangalore26 Jul 2022AY 2005-06

Bench: Shri N. V. Vasudevan & Ms. Padmavathy Sassessment Year :2005-06 Dr. P Dayananda Pai, Vs. Dcit, 10/1, Lakshminarayana Complex, Circle – 2(2), Palace Road, Bengaluru. Bengaluru – 560 052. Pan : Abapp 4418 Q Appellant Respondent Assessee By : Shri. R. Ramakrishnan, Ca Revenue By : Smt. Susan Dolores George, Cit(Osd)(Itat), Bengaluru. Date Of Hearing : 19.07.2022 Date Of Pronouncement : 26.07.2022 O R D E R Per N. V. Vasudevan: This Is An Appeal By The Assessee Against The Order Dated 9.12.2019 Of Cit(A)-11, Bengaluru, Relating To Ay 2005-06. 2. The Assessee Is An Individual. He Is Also Referred To As “Pdp” In This Order. He Is In The Business Of Real Estate For Over Four Decades. He Carried On Business Of Real Estate In His Individual Capacity. From Ay 95-96 He Transferred All The Rights In Properties Under Various Agreements To A Partnership Firm “M/S.P.Dayanand Pai”, Vide Deed Of Partnership Dated 1-4-1994. In This Firm Mr.P.Dayanand Pai & His Brother Mr.P.Satish & 9 Other Individuals Were Partners. Thereafter By A Deed Of Partnership Dated 9.6.2000 The Firm “M/S.P.Dayanada Pai” Merged Its Business With Another Partnership Firm “M/S.Canara Housing Development Company” (Hereinafter Page 2 Of 39

For Appellant: Shri. R. Ramakrishnan, CAFor Respondent: Smt. Susan Dolores George, CIT(OSD)(ITAT), Bengaluru
Section 10Section 132Section 139Section 143(3)Section 147Section 148Section 149Section 151Section 153Section 153A

Applicant's income. Determination of income based on theory of peak credit is also accepted by courts of law as indicator of proper estimation of income. There may be differences in opinion on the right way to arrive at the peak but that will not mean that peak method