Section 144 Of The Income Tax Act – Best Judgment Assessment Explained

Section 144 lets tax officers estimate your income if you don’t comply.

It applies when returns aren't filed or documents aren’t properly submitted.
 

Let’s take the case of Ramesh, a small shop owner from Jaipur. Things were going smoothly for him until he missed one simple thing: filing his income tax return. Here's what happened next:
 

• Ramesh earned ₹9,00,000 in FY 2023–24.
   
• He didn’t file his ITR and ignored two tax notices.
   
• The Income Tax Officer stepped in and applied Section 144.
   
• Based on bank records and third-party info, his income was estimated at ₹13,50,000.
   
• He was charged a tax of ₹2,70,000 instead of what he owed.
   
• Add interest and penalties of ₹60,000, and his total payable became ₹3,30,000.
   
• That’s a loss of ₹1,20,000, all because of silence and delay!
   

Crazy how missing one deadline and ignoring notices can cost you over a lakh, right? That’s what Section 144 does if you stay silent: the officer guesses your income. Let’s understand how it works.

What is Section 144 of the Income Tax Act?
 

• Tax officers assess your income if you don’t cooperate.
   
• It’s called a Best Judgement Assessment by the authorities.
   

Explanation:

Section 144 empowers the Income Tax Officer to assess your income based on the best judgment when you:
 

• Don’t file your return on time
   
• Don’t respond to notices
   
• Fail to provide documents or accounts

Example:

Let’s say Priya runs a boutique in Delhi.
 

Since Priya neither filed her return nor responded to tax notices, the officer estimated her income at ₹15,00,000 instead of ₹10,00,000. She ends up paying more tax, interest, and penalty.

Always comply with tax obligations to avoid harsh estimates under Section 144.

When Does Section 144 Apply?
 

• It empowers magistrates to prevent gatherings to protect public peace and safety.
   
• It’s used during emergencies like riots, protests, or natural disasters to avoid threats.
   

Explanation:

Section 144 of the Criminal Procedure Code (CrPC) allows an Executive Magistrate to issue orders in urgent situations to prevent danger to human life, health, or safety. It is mostly used to stop groups of four or more people from gathering in one place.

Let’s understand with an example:

In August 2023, a religious event in City X was expected to bring about 5,000 people together. Because there was tension between communities and a recent fight had hurt 120 people, the District Magistrate used Section 144 to stop more trouble.
 

This order helped control further violence, kept peace, and allowed authorities to restore normalcy.

Situations When Section 144 Applies:
 

Note: Violating Section 144 can result in arrest, fines, or both. Unlike a curfew, Section 144 allows limited movement but restricts unlawful assemblies.

What Is The Process of Assessment Under Section 144?
 

1. Non-Compliance by Taxpayer: The process begins if a taxpayer misses ITR filing, ignores notices, or skips document submission.
    
2. Notice Issued by Assessing Officer: The Tax officer sends a notice asking for details or return filing.
    
3. Failure to Respond: If no response or false info, the officer applies Section 144.
    
4. Best Judgment Assessment Begins: The officer checks bank records, past returns, and other data to assess income.
    
5. Opportunity of Being Heard: The Taxpayer gets one last chance to explain or show documents.
    
6. Final Order Passed: The Assessing Officer passes the final order, deciding the tax liability based on their best judgment.
    
7. Tax, Interest & Penalty Levied: The Taxpayer must pay the assessed tax with interest and penalties, if applicable.

What Are The Consequences of Section 144 Assessment?

A best judgment assessment under Section 144 can lead to serious outcomes for the taxpayer:
 

• Higher Tax Liability: Income is estimated by the officer, often resulting in a higher tax amount.
   
• Interest & Penalty: Additional interest and penalties may apply for non-compliance or delayed responses.
   
• Legal Action: Non-cooperation can attract legal consequences and scrutiny.
   
• Right to Appeal: The taxpayer can challenge the order by filing an appeal before the appellate authority.

What Is The Difference Between Section 143(3) and Section 144?

Here’s a clear comparison table showing the difference between Section 143(3) and Section 144 of the Income Tax Act:
 

How to Avoid Getting Assessed Under Section 144?
 

• Always file your income tax return on time to avoid penalties and scrutiny.
   
• Give correct details and full income disclosure to prevent best judgment assessment.
   

Explanation:

Section 144 can be easily avoided by being responsible with your tax filing. Let’s understand this better with a simple example.

Example:

Aarav is a freelance graphic designer in Mumbai.

• Actual Income in FY 2023–24: ₹10,00,000
   
• He misses the ITR deadline and ignores the notice under Section 142(1).
   
• The Income Tax Officer assumes ₹14,00,000 as income based on Aarav’s bank transactions.
  
   

So, just by missing a deadline, Aarav ends up paying ₹75,000 more than needed.
 

Tips to Avoid Section 144:
 

• File ITR before the due date every year.
•  
• Respond promptly to any tax notices.
   
• Provide full and accurate income details, including from freelance, investments, or side businesses.
   
• Keep records ready to support your income claims.
   

Note: A little care in tax filing can save you a lot of money and stress!

Can Section 144 Assessment Be Challenged?
 

• Yes, Section 144 assessment orders can be legally challenged.
   
• Taxpayers can file an appeal with the Commissioner of Income Tax (Appeals).
   
• The appeal must be filed within 30 days of receiving the assessment order.
   
• Proper documents and evidence must be submitted to support your case.
   
• If unsatisfied, you can further appeal to the Income Tax Appellate Tribunal.
   
• Interest and penalties imposed can also be challenged during the appeal.
   
• Timely response and cooperation can strengthen your appeal outcome.
   
• Seeking professional tax help improves the chances of a successful appeal.

Conclusion
 

Section 144 can trouble you if you ignore your tax work. If you don’t file your return or answer notices, the officer can guess your income and charge extra tax. But don’t worry—it’s easy to avoid. File your ITR on time, give correct details, and respond when asked. Stay alert and you’ll never face such problems.

FAQs:

Q1: What triggers Section 144 of the Income Tax Act?
It is triggered when a taxpayer fails to file an ITR or respond to tax notices.
 

Q2: What is a Best Judgment Assessment?
It’s when the tax officer estimates your income based on available information.
 

Q3: Can I challenge a Section 144 assessment?
Yes, you can file an appeal within 30 days of receiving the assessment order.

Q4: How can I avoid being assessed under Section 144?
File your ITR on time, provide accurate details, and respond to all tax notices.
 

Q5: What are the consequences of the Section 144 assessment?
You may face higher tax liability, penalties, interest, and possible legal action.
 

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