Dismissing the appeal the Court held that ,the assessee had failed to comply with the notices issued under sections 142(1) and 143(2) and had ignored the summons issued under section 131 that followed the notices. In such contingency, the Assessing Officer after taking note of the particulars available on record, the seized documents and the statements recorded during the course of search, completed the assessment. Therefore the best assessment order is valid . The Court also held that the cancellation of exemption u/s 10(23C(vi) was not retrospective . Accordingly the order dated 18-11-2014 withdrawal of the approval granted under S.10 (23C)(vi) had been given effect from the Assessment year 2010-11 and the order cancelling the assessee’s registration u/s 12AA was from the assessment year 2010-11 is held to be valid . (AY. 2010-11 , 2011-12)
Prathyusha Educational Trust. v. CIT (2019) 416 ITR 129/ 266 Taxman 105/ 310 CTR 545 (Mad)(HC) Editorial: SLP of the assessee is dismissed Prathyusha Educational Trust. v. CIT (2019) 416 ITR 132 (SC)
S. 144 : Best judgment assessment – Not responding to notices and summons – Best judgement order is held to be valid – Cancellation of registration and exemption is also held to be valid . [ S.10 (23C) (vi), 12AA, 132, 142(1) 143(2) 153A ]