Section 144

Best judgment assessment.

144. If any person—

(a) fails to make the return required ^88d[by any notice given under sub-section (2, of section 139] and has not made a return or a revised return under sub-section (4) or sub-section (5) of that section, or

(b) fails to comply with all the terms of a notice issued under sub-section (1) of section 142 ⁸⁹[or fails to comply with a direction issued under sub-section (2A) of that section], or

(c) having made a return, fails to comply with all the terms of a notice issued under sub-section (2) of section 143,

the ^89a[Assessing] Officer, after taking into account all relevant material which the ^89a[Assessing] Officer has gathered, ^89b[shall make the assessment] of the total income or loss to the best of his judgment and determine the sum payable by the assessee ^89c[or rejemdable to the aseessee] on the basis of such assessment.

The following proviso shall be inserted by the Direct Tax Laws (Amendment) Act, 1987, w.e.f. 1-4-1989:

Provided that such opportunity shall he given by the Assessing Officer by serving a notice calling upon the assessee to show cause, on a date and time to be specified in the notice, why the assessment should not be completed to the best of his judgment:

Provided further that it shall not he necessary to give such opportunity in a case where a notice under sub-section (1) of section 142 has been issued prior to the making of an assessment under this section

 

 

 

[AS AMENDED BY THE FINANCE ACT, 1988]