(1) Subject to the other provisions of this section, the Deputy Commissioner of taxes may determine the best judgement tax of an assesseein the following cases, namely:—

(a) where a person has failed to comply with the notice given under section 172 and has not filed any return or revised return under section 175; and

(b) where any person has failed to comply with a notice given under section 172, 175, sub-sections (3) and (5) of section 183, section 193 or 212.

(2) After considering the facts and matters and after properly evaluating the legal and factual aspects of the case, the best judgement tax shall be determined.

(3) The tax assessment order passed under this section shall reflect the best judgement assessment of tax by the Deputy Commissioner of Taxes.

(4) The Deputy Commissioner of Taxes shall pass the best judgement assessment order in writing or by certain electronic means and shall notify the same to the assessee within 30 (thirty) days from the date of passing such order.