This Digest of case laws is prepared by KSA Legal and AIFTP from judgements reported in BCAJ, CTR, DTR, ITD, ITR, ITR (Trib), Chamber's Journal, SOT, Taxman, TTJ, BCAJ, ACAJ, www.itatonline.org and other journals
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S. 144 : Best judgment assessment-Failure to produce vouchers and books of account-Not owning the Trucks-Estimation of profit-Failure to produce books of account-Assessing officer estimating at 12 Per Cent on gross receipts-CIT(A) reducing to 5 Per Cent-Tribunal applied 2.5 Per Cent of net profit rate on gross receipts. [S. 44AB, 143(3), 145(3)]

New Truck Operators Union v. ITO (2022) 99 ITR 522 (Chd) (Trib)

S. 144 : Best judgment assessment-Details not filed-Best judgement is held to be justified. [S. 142(1)), 143(2)]

Rishi Prakash v. ITO (2022)99 ITR 10 (SN)(Delhi) (Trib)

S. 144 : Best judgment assessment-Lack of effective representation-Matter remanded. [S. 254(1)]

H. P. Agro Industries Corp. Ltd. v. ITO (2022) 216 DTR 186 / 218 TTJ 778 (Chd)(Trib)

S. 144 : Best judgment assessment-Search and seizure-Failed to file return in response to notice-Best judgement assessment valid. [S. 139]

Dy. CIT v. Wind World India Ltd. (2022)98 ITR 22 (Mum) (Trib)

S. 143(3) : Assessment-Survey-Difference between closings tock found and that shown in books-Books of account not rejected-Addition based on estimation is held to be not justified. [S. 133(6) 133A]

Md. Ismail Saree Creations v. ITO (2022) 95 ITR 15 (SN) (Kol) (Trib)

S. 143(3) : Assessment-Estimation of turnover-Value added tax and Service tax-Estimation of gross profit on difference in turnover not justified.

Dy. CIT v. Precision Informatic (Madras) Pvt. Ltd. (2022) 96 ITR 1 (SN) (Chennai) (Trib)

S. 143(3) : Assessment-Income from undisclosed sources-Cash low household expenses-House located in small City-Income of two sons-Agricultural income-Deletion of addition is justified.

ITO v. Ramesh Chand (2022)97 ITR 421 (Delhi) (Trib)

S. 143(3) : Assessment-Depreciation-All particulars of asset furnished-Deletion of addition is affirmed. [S. 143(1)]

Chhotubhai Vitthalbhai Patel v. Dy. CIT (2022) 97 ITR 265 (Ahd) (Trib)

S. 143(3) : Assessment-Rejection of books of accounts-No uniformity in sale of chicken-Highly perishable-Estimation of gross profits based on two months’ statistics improper-Directed to allow 90% of total expenses after taking gross profit at 8%-Partly allowed. [S. 144]

Al Aziz Broilers v. ACIT (2022) 97 ITR 41 (SN) (Chennai)(Trib)

S. 143(3) : Assessment-Search and Seizure-Undisclosed sales-Intelligence Wing of GST-Papers recovered from the residence of ex=President of the assessee company and dealers-Statement used against the assessee-Opportunity of cross examination was not provided-Addition is unjustified. [S. 4, 131, 132]

DSG Papers (P) Ltd. v. ACIT (2022) 219 TTJ 194 / 217 DTR 49 / 99 ITR 241 / 147 taxmann.com 195 (Chd)(Trib)