https://www.taxtmi.com/caselaws?id=290994 An assessment is made under Section 23(3) of the Income-tax Act, 1922, and not Section 23(4), where the assessee has filed a return but fails to substantiate it on being called to produce accounts; the mere use of the words "to the best of his judgment" does not convert it into a best-judgment assessment under Section 23(4). Because the assessment was not under Section 23(4), the proviso to Section 30(1) barring an appeal did not apply, so the appellate proceedings were competent. On that basis, the penalty under Section 28 was sustained and the assessee's challenge failed. en-us Mon, 28 Sep 1925 00:00:00 +0530 Sat, 24 Oct 2020 09:52:18 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=290994 An assessment is made under Section 23(3) of the Income-tax Act, 1922, and not Section 23(4), where the assessee has filed a return but fails to substantiate it on being called to produce accounts; the mere use of the words "to the best of his judgment" does not convert it into a best-judgment assessment under Section 23(4). Because the assessment was not under Section 23(4), the proviso to Section 30(1) barring an appeal did not apply, so the appellate proceedings were competent. On that basis, the penalty under Section 28 was sustained and the assessee's challenge failed. Case-Laws Income Tax Mon, 28 Sep 1925 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=290994