2013 (6) TMI 662

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....xpenses made u/s 144 of the Income Tax Act, 1961 for Rs. 4,43,000/- out of total disallowance of Rs. 6,48,000/- and thereby allowed only part relief of Rs. 2,05,000/- 2. That the above said order is bad in law and contrary to the facts of case. 3. It is therefore, prayed that the appeal may please be accepted and such relief may kindly be allowed which may be deemed fit and proper under the circumstances of the case. 3. After hearing both the parties we find that assessee's case was selected for scrutiny and various opportunities were given to assessee to present himself along with books of account, however, no compliance was made. The Assessing Officer ultimately framed assessment u/s 144 of the Act. He made various disallowances ....

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....additions, reduced the same by a sum of Rs. 2,05,000/-. 6. Before us, the Ld. Counsel for the assessee submitted that various noticed received were handed over to the C.A. of the assessee and the assessee was always under the impression that C.A. has made appearances. In any case, the Assessing Officer has also levied penalty for non-compliance of notices u/s 271(1)(b) of the Act but when this fact was pointed out, the penalty proceedings were dropped, therefore, assessee has justified reasons for non appearing. On merit he reiterated the submissions made before the CIT(A) and emphasized that even when the best assessment is made, the same is on the basis of a fair estimate and the results of last year of the assessee are the best indica....