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2017 (8) TMI 177 - AT - Income TaxBest judgement assessment u/s 144 - Held that:- The interference by the Ld. CIT(A) with the assessment order made by the AO on the basis of additional evidences admitted by the Ld. CIT(A) was not warranted in view of the facts and circumstances of this case. We have also already held in the foregoing paragraph (G) of this order that there was reasonable basis for the additions made by the AO. This is a best judgement assessment u/s 144 of the Act and the application of section 144 of the Act was not disputed by the assessee before the CIT(A). Even before us, the invocation of s.144 of the Act by the AO is not a matter in dispute. In any case, the protracted non-compliances by the assessee to various statutory notice u/s 142(1) and 143(2) of the Act and further non-compliance with the hearings fixed from time to time make this a fit case for best judgement assessment u/s 144 of the Act. On cumulative consideration of the facts and circumstances and the legal position and on further guidance from decided cases in CST vs H.M.Esufali H.M. Abdulali (1973 (4) TMI 49 - SUPREME Court) and CIT vs Rayala Corporation P.Ltd. (1995 (1) TMI 42 - MADRAS High Court), we are of the view that the CIT(A) wrongly substituted the best judgement of the AO with his own judgement contrary to the provisions of section 144 of the Act. Therefore, we set aside the order of the CIT(A) and restore the order of the AO. Appeal of the Revenue is allowed.
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