- [(1)] [ Section 144 renumbered as sub-Section (1) thereof by Act 36 of 1989, Section 17 (w.r.e.f. 1.4.1989).] If any person-(a)fails to make the return required [under sub-section (1) 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] [ Substituted by Act 4 of 1987, Section 49, for " by any notice given under Section (2) of section 139" (w.e.f. 1.4.1989).](b)fails to comply with all the terms of a notice issued under sub-section (1) of section 142 [or fails to comply with a direction issued under sub-section (2-A) of that section, or] [ Inserted by Act 41 of 1975, Section 44 (w.e.f. 1.4.1976).](c)having made a return, fails to comply with all the terms of a notice issued under sub-section (2) of section 143, the [Assessing Officer] [ Substituted by Act 4 of 1988, Section 2, for " Income-tax Officer" (w.e.f. 1.4.1988).], after taking into account all relevant material which the [Assessing Officer] [Substituted by Act 4 of 1988, Section 2, for " Income-tax Officer" (w.e.f. 1.4.1988).] has gathered, [shall, after giving the assessee an opportunity of being heard, make the assessment] [ Substituted by Act 4 of 1988, Section 49, for " shall make the assessment" (w.e.f. 1.4.1989).] of the total income or loss to the best of his judgment and determine the sum payable by the assessee [* * *] [ Certain words omitted by Act 4 of 1988, Section 49 (w.e.f. 1.4.1989).] on the basis of such assessment:[Provided that such opportunity shall be 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 be 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.] [ Inserted by Act 4 of 1988, Section 49 (w.e.f. 1.4.1989).](2)[ The provisions of this section as they stood immediately before their amendment by the Direct Tax Laws (Amendment) Act, 1987 (4 of 1988), shall apply to and in relation to any assessment for the assessment year commencing on the 1st day of April, 1988, or any earlier assessment year and references in this section to the other provisions of this Act shall be construed as references to those provisions as for the time being in force and applicable to the relevant assessment year.] [ Inserted by Act 36 of 1989, Section 17 (w.e.f. 1.6.1989).]
