Held, dismissing the appeal of the revenue the Court held that that the best judgment assessment wherein he had relied on the estimation of investment made by the assessee, as disclosed by the Departmental Valuation Officer. Undeniably, the books of account of the assessee were not rejected on or before April 5, 2006 but later after the submission of the Departmental Valuation Officer’s report dated September 14, 2006. The Tribunal was correct in holding that the reference made under section 142A by the Assessing Officer to the Departmental Valuation Officer was not in accordance with law.(AY. 2004-05)