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NAME OF STUDENT
TABLE OF CONTENTS
1
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1.
2.
3.
4.
5.
6.
Acknowledgment........................................................................................... iii
Research Methodology..........................................................................
iv
Case list........................................................................................................ v
Abstract.................................................................................................
vii
Introduction................................................................................................... 1
The Concept of Best Judgement
Assessment..........................................................................................
2
7. The Basis for Best Judgement assessment..............................................,
.............. 3
8. Key Aspects of Best Judgement
Assessment.........................................................................................
5
Conditions precedent are alternative and not cumulative...............................
Opportunity must be given to the assessee.....................................................
Assessment on rejection of account...............................................................
Reasonable nexus...........................................................................................
Sum payable as tax must be determined........................................................
Considerations in making Best Judgement assessment.................................
Assessment can be made even where return is incomplete, unsigned, or unverified
return.............................................................................................................
Best Judgement assessment can be made for non-compliance of notice under
ACKNOWLEDGEMENT
I take this opportunity to express our humble gratitude and personal regards to Mr.
Dharmendra Singh Bhati for inspiring me and guiding me during the course of this project
work and also for his cooperation and guidance from time to time during the course of this
project work on the topic.
Jaipur
(Student sign)
2
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th
15 August 2014
Student Name
RESEARCH METHODOLOGY
Aims and Objectives:
The aim of the project is to present a detailed study of the topic BEST JUDGEMENT
ASSESSMENT
forming a concrete informative capsule of the same with an insight into its
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In this project the researcher has tried to include different aspects pertaining to the
concept of Best Judgement Assessment, types of assessments, special attention is also
provided on section 144 of Income Tax Act, 1961, basis of Best Judgement Assessment,
object of Best Judgement Assessment, impact of judicial pronouncements on Best Judgement
Assessment and lastly conclusion.
.
Sources of Data:
The following secondary sources of data have been used in the project
Case Study
Websites
Case Laws
Books
Method of Writing and Mode of Citation:
The method of writing followed in the course of this research project is primarily
analytical. The researcher has followed Uniform method of citation throughout the course of
this research project.
CASE LIST
Bata Shoe Co. Pvt Ltd v. Joint CTO, (1968) 21 STC 135 (Mad).
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Excise & Taxation Officer v. Visheswar Nath Kashmirlal, (1968) 22 STC 331 (SC).
Kachwala Gems v. JCIT (2006) 158 Taxman 71 (SC): (2007) 288 ITR 10 (SC).
Sankaralinga Nadar & Brosection (TMM) v CIT (1929) 4 ITC 226 (Mad).
Shreeram Durgaprasad & Fathechand Narsingdas (export) firm (R.B. Seth) v CIT
(1988) 170 ITR 23 (Bom).
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ABSTRACT
This project aims at introducing the concept of best judgment assessment and critically
analyzing it. It deals with the application of this assessment in the present times and the recent
developments by the Indian judiciary with respect to this concept. Based on the hypothesis
that the judicial pronouncements can significantly improve the practice of best judgment
assessment by the taxing authorities, I will try to explore its potential in the settlement of tax
disputes. It will take a look on various externalities such as volume of business, conduct of the
dealer, past records and similar facts are conditions which are the basis for a best judgment
assessment in relation to the growing need for effective tax management in 21 st century. It also
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demonstrates that where, how and what kind of mistakes have been done by the assessing
officer while applying section 144 of IT act.