SINHA, J.

1. The facts in this case are shortly as follows :

The petitioner in this case is M/s Suganchand Saraogi stated to be a partnership firm. Since the asst. yr. 1950-51 it has been assessed to income- tax as an unregistered firm. In this case we are concerned with the assessment of the firm for the year 1953-54. On or about the 25th Sept., 1953, a notice under s. 22(2) of the IT Act was served upon the assessee. No return was filed. On the 4th March, 1957, a notice under s. 22(4) of the said Act was issued and served on the assessee on the 6th March, 1957. No response was received from the assessee although reminders were issued on 25th June, 1957, and 4th July, 1957, requesting it to appear before the ITO with the books of account. No response having been received, a final notice was served to the effect that if the party failed to appear, an ex parte assessment would be completed. In spite of the reminders the assessee failed to comply with the requisition. Thereupon, on the 31st July, 1957, the ITO completed the assessment on an ex parte basis. This was, therefore, a best judgment assessment based on previous records and information available to the ITO. The total