Hemant Gupta, J.

The assessee is in appeal under Section 260A of the Income-tax Act, 1961 (for short, 'the Act') arising out of an order dated 31.12.2007 passed by the Income Tax Appellate Tribunal, Patna Bench, Patna (for short, 'the Tribunal') in ITA No.128 (Pat)/05 relating to assessment year 1987-88.

2. The facts, in brief, are that a search was conducted in the premises of the father of the assessee on 11th February, 1988. A notice under Section 148 of the Act was issued to the assessee on 24th October, 1989. No return had been filed till then for the assessment year 1987-88. Another notice was issued on 18th of January, 1990, but the representative of the assessee replied that return can be submitted only after taking photocopy of the seized materials. The documents were supplied. A detailed questionnaire was issued on 20th February, 1991, but the assessee did not reply to this questionnaire nor filed return of the income before the assessing officer. The Assessing Officer, thereafter, proceeded to frame assessment to the best of his judgment.

3. The assessment officer took into consideration a loose sheet marked KS-19 taken in possession from the house of the father