144 ए आयकर की धारा क्या है?

Assessment under section 144 
Section 144 of the Income Tax Act deals with the provisions relating to “best judgment assessment”. In a best judgment assessment an assessing officer makes an assessment based on his best reasoning. It is normally made in the following circumstances -

1. When an assessee fails to file a return under section 139(1) of the Act or a revised return under section 139(4) or 139(5) of the Act;

2. When an assessee fails to comply with the terms and conditions laid down in the provisions relating to a notice under section 142 or fails to get his accounts audited as per section 142(2A) of the Act;

3. When an assessee after filing a return fails to comply with the terms of a notice as given in section 143(2) for production of evidence or documents.

4. If the Assessing Officer is also not satisfied with the correctness and the completion of the accounts of the Assessee or if no method of accounting has been regularly employed by the Assessee.

Assessment u/s 144 are is completed on the basis of information and documents available with the AO and accoording to his best judgement.

When Best Judgment Assessment can be made:

Mandatory action for defaults - Best judgment assessment is mandatory for any one of the defaults under S. 144.

• Approximations - Where the assessee had furnished only approximate figure in his return of income without any further details, it was held that the best judgment assessment made by ignoring such a return was invalid.
• The assessing officer is empowered u/s 144 in order to assess the total income according to the best of his judgment if the Assessee fails to File Income Tax Return or has also not submitted the documents or he fails to comply with any of the conditions. However, a reasonable opportunity is being provided to the taxpayer of being heard.

• Production of accounts - Where, in response to a combined notice for personal appearance as well as production of account books, the assessee appeared in person but did not produce any account books; it was held that the Income-tax Officer would be justified in making a best judgment assessment.

Ex-parte proceedings - An assessment made under S. 144 can by no means be equated to ex-parte proceedings in a civil court.

For more details refer:: Tutorials/various/assessments