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assessment under section 144 and section 147

Abhijit (CA ) (250 Points)

27 February 2018

On failing to file return under Section 139 (1), which assessment made first section 144 or section 147, as both notices can be issued after failing to file return under Section 139(1)

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Miss Mansi Bhojani (Practicing Chartered Accountant) (1735 Points)
Replied 27 February 2018

Section 144- best judgment assessment
if any person fails to file return of income u/s 139-1 and has not made belated return u/s 139-4 or revised return u/s 139-5

section 147- income escape assessment
if AO has reasons to believe that any income chargeable for tax of any assessment yr has escaped assessment then he has power to assess such income

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Abhijit (CA ) (250 Points)
Replied 27 February 2018

but assessment under 147 also can be made after failing to file return under 139(1)

Abhijit (CA ) (250 Points)
Replied 27 February 2018

Hence, my question is that both sections can be applied on failing to file return so, which assessment made first

Miss Mansi Bhojani (Practicing Chartered Accountant) (1735 Points)
Replied 27 February 2018

AO will issue notice u/s 142-1, calling for filing return to br filed. If return if filed and if taxes paid if payable then no issues orels assessment is done u/s 147 by issuing notice u/s 148. If stil no response then actions taken u/s 144.