judgement assesment under Sec 144

This query is : Resolved

sherin (Querist)
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24 April 2008 As per Sec145(3) on Income Tax Act, if AO is not satisfied about the correctness or completeness of the accounts of the assessee, or where the method of accounting provided in sub-section (1) or accounting standards as notified under sub-section (2), have not been regularly followed by the assessee, the Assessing Officer may make an assessment in the MANNER provided in section 144. Is this means that in this case only best judgement assesment under Sec 144 will be done? In other words can best judgement assesment be done in cases other than specified in sec144?
Q2.Can refund be granted u/s 144. If yes, in what conditions?

CA Siddhartha Bhardwaj

CA Siddhartha Bhardwaj (Expert)
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31 March 2012 In the MANNER provided in Section 144 means that the AO shall make the assessment to the BEST OF HIS JUDGEMENT.

It DOES NOT mean that he will make the assessment u/s 144.

He will make the assessment under the Section under which the assessment has been opened, i.e., 143(3)/144/147.

He will pass the order under the above Sections.