Section 144 of the CGST Act, 2017

Presumption as to documents in certain cases. A practical guide to how GST law treats documents produced under the law, seized during proceedings, or received from outside India when their genuineness and evidentiary value are considered.

CGST Act Section 144GST EvidenceDocumentsSeizurePresumptions

Section 144 at a Glance

What it doesCreates statutory presumptions about certain documents used in GST proceedings.
Documents coveredDocuments produced, seized or received from outside India in the circumstances specified by the section.
Why it mattersIt affects how documentary evidence may be treated before an adjudicating authority or court.
In simple language: Section 144 tells the decision-maker when certain GST documents can be presumed to be genuine or properly executed unless the contrary is established. It is an evidentiary rule; it does not itself create a tax liability.

Contents

1. Statutory Text of Section 144

144. Presumption as to documents in certain cases.—

Where any document—

(i) is produced by any person under this Act or any other law for the time being in force; or

(ii) has been seized from the custody or control of any person under this Act or any other law for the time being in force; or

(iii) has been received from any place outside India in the course of any proceeding under this Act or any other law for the time being in force,

and such document is tendered in evidence in any proceedings under this Act, the adjudicating authority or the court, as the case may be, shall presume, unless the contrary is proved, that the signature and every other part of such document which purports to be in the handwriting of any particular person is in that person's handwriting, and, in the case of a document executed or attested, that it was executed or attested by the person by whom it purports to have been executed or attested; and that the document was produced or received as the case may be, by the person by whom it purports to have been produced or received.

Provided that where such document is a document which was produced or received from outside India, it shall be presumed, unless the contrary is proved, that the document was produced or received by the person by whom it purports to have been produced or received.
Current-law reference: The consolidated CGST Act identifies Section 144 as “Presumption as to documents in certain cases.” The provision is part of Chapter XXI dealing with miscellaneous matters and is currently shown as in force in the consolidated Act.

2. Section 144 Explained in Simple Language

GST disputes frequently involve documents: invoices, statements, ledgers, agreements, transport records, electronic records, correspondence, books of account and documents obtained during investigation.

When a document is formally produced, seized or received in the circumstances covered by Section 144 and is tendered in evidence, the law creates certain presumptions about who wrote, executed, attested, produced or received it.

The key phrase is “unless the contrary is proved.” The presumption is therefore not an absolute declaration that every document is genuine in every respect. It is a statutory starting point that can be challenged with evidence.

Why does the law use a presumption?

3. What Documents Can Come Within Section 144?

CategoryHow it enters the proceedingExample
Produced documentA person produces it under GST law or another applicable law.Books or invoices produced in response to a lawful requirement.
Seized documentIt has been seized from custody/control under applicable law.Records seized during a GST search.
Document received from outside IndiaReceived from an overseas location during a proceeding.Foreign supplier records or documents obtained through an official process.
Important: Section 144 is about the evidentiary presumption attached to a document in proceedings. It does not say that every document in a company's files automatically receives the statutory presumption.

4. Documents Produced or Seized

The first two categories cover documents that are either produced by a person or seized from a person's custody/control under the applicable law.

Produced document

If a person produces a document in a GST proceeding and that document is tendered in evidence, Section 144 may support presumptions about the handwriting, execution, attestation and production/receipt described by the section.

Seized document

Where a document has been lawfully seized from custody or control, the same evidentiary framework can become relevant when the document is tendered in evidence.

Example:

During a GST investigation, officers seize a set of records from a business premises. Later, a document from that set is relied upon in proceedings. Section 144 may affect the presumptions relating to the document's handwriting, execution, attestation and provenance, subject to the statutory conditions.

5. Signature, Handwriting, Execution and Attestation

Section 144 specifically addresses several features of a document.

FeatureWhat the provision presumes
HandwritingA signature or other part purporting to be in a particular person's handwriting is presumed to be that person's handwriting.
ExecutionWhere a document purports to have been executed by a person, the provision supports a presumption that it was executed by that person.
AttestationWhere a document purports to have been attested by a person, the provision supports a presumption that it was attested by that person.
Production/receiptThe document is presumed to have been produced or received by the person by whom it purports to have been produced or received, subject to the statutory wording.
“Presumed” does not mean “cannot be challenged.” The statutory wording expressly allows the contrary to be proved.

6. Authentication and Official Document Handling

In a GST proceeding, the chain by which a document entered the case can be important. Businesses should therefore preserve the original record, source system, metadata where relevant, correspondence and the circumstances in which the document was produced.

For a company responding to a notice

7. Documents Received From Outside India

Section 144 specifically includes documents received from a place outside India during proceedings. The law therefore provides an evidentiary presumption for the circumstances described in the section.

Example – overseas supplier:

A GST investigation concerns the valuation or nature of an import-related transaction. Documents are received from an overseas party in the course of the proceeding and are tendered in evidence. Section 144 may become relevant to the statutory presumptions concerning who produced or received the document.

Practical caution: An overseas document can still raise separate questions about translation, completeness, context, source, electronic authenticity, commercial meaning and other evidentiary issues. Section 144 should not be read as eliminating every such question.

8. What Section 144 Does Not Mean

It does not automatically prove the truth of every statement

The section is directed at specific documentary presumptions. It should not be casually described as a rule that every factual statement written in a document is automatically true.

It does not create a GST demand

A presumption concerning a document is different from establishing tax liability, classification, valuation, fraud, suppression or any other substantive issue.

It does not remove the right to prove the contrary

The provision itself uses the phrase “unless the contrary is proved.” A party disputing a relevant documentary fact can therefore put forward evidence supporting its position.

It does not replace the entire law of evidence

Other statutory provisions and applicable evidentiary rules can remain relevant depending on the proceeding and the nature of the document.

9. Detailed Practical Examples

Example 1 – Signed statement

A signed statement is produced during a proceeding and tendered in evidence. Section 144 may support the statutory presumption concerning the handwriting/signature described by the provision.

Example 2 – Seized ledger

A ledger is seized during a lawful GST proceeding and later relied upon. The evidentiary presumption can become relevant to the document's provenance and execution characteristics.

Example 3 – Contract

A contract produced during proceedings purports to have been executed by a named person. Section 144 may support the presumption specified for execution, subject to contrary proof.

Example 4 – Attested document

A document bears an attestation purporting to be by a particular person. The statutory presumption can apply when the document is tendered in evidence.

Example 5 – Foreign document

A document is received from outside India during a GST proceeding. Section 144 specifically addresses documents received from outside India.

Example 6 – Authenticity challenged

A taxpayer disputes a document's handwriting. The words “unless the contrary is proved” mean the presumption is capable of being rebutted by evidence.

Example 7 – Document altered after creation

A business discovers that a copy relied upon in a proceeding differs from its archived original. The company should preserve both versions and explain the difference rather than silently replacing the document.

Example 8 – ERP-generated report

An ERP report is relied upon as part of a proceeding. The company should preserve the source data, report parameters, extraction date and supporting ledgers so that the report can be properly understood.

Example 9 – Email attachment

An email attachment is relied upon to establish a transaction. The company should preserve the original email, attachment and relevant surrounding correspondence rather than only printing the attachment.

Example 10 – Third-party document

A document received from a supplier is produced in proceedings. The company should maintain the purchase invoice, purchase order, goods receipt and payment trail to explain the commercial context.

10. GST Investigation & Evidence Workflow

  1. Identify the document: record document name, date, source and unique reference.
  2. Identify how it entered the proceeding: produced, seized or received from outside India.
  3. Preserve the original: avoid editing or overwriting the source record.
  4. Map the author/creator: employee, officer, supplier, customer or third party.
  5. Map the transaction: invoice, purchase order, ledger, payment and goods movement.
  6. Check versions: identify amendments, revisions and duplicates.
  7. Check digital trail: ERP extraction, email headers, file metadata and access history where available.
  8. Prepare the response: distinguish facts that are accepted from documentary facts that are disputed.
  9. Preserve contradictory evidence: do not destroy or replace records merely because they are inconvenient.

11. Business Record Controls

Section 144 is particularly relevant to businesses with large document volumes. A strong document-control system makes it easier to explain whether a record is original, generated from an ERP, received from a supplier, signed by an employee or obtained from a third party.

ControlRecommended practice
Document IDUse a unique reference for important documents.
Version controlRetain original and revised versions with dates.
Approval trailPreserve who prepared, reviewed and approved the document.
Source systemRecord whether it came from ERP, email, portal, physical file or third party.
Access controlRestrict unauthorised alteration of financial records.
BackupMaintain reliable backups of critical accounting and tax records.
Litigation holdWhen a dispute arises, preserve relevant records rather than following routine deletion cycles.

12. Digital Records and Section 144

Modern GST records are increasingly electronic: ERP ledgers, e-invoices, e-way bill records, emails, spreadsheets, scanned agreements and exported reports.

Section 144 should not be interpreted as saying that every electronic file is automatically authentic. The business should preserve the source and explain how the electronic record was generated.

Good digital-evidence practice: preserve the source file, original email where relevant, system-generated report, extraction parameters, user/access information where available, and supporting accounting records.
Example – Excel report:

A reconciliation report is produced from an ERP export. Keep the original ERP export, the working Excel file, formulas or transformation logic where relevant, and the underlying purchase/sales records. This helps establish the provenance and meaning of the report.

13. Section 144 vs Other Evidence-Related Provisions

ProvisionMain subjectConnection
Section 136Relevancy of statements under certain circumstances.Deals with specified statements made in response to summons under Section 70.
Section 144Presumption as to documents in certain cases.Deals with specified documentary presumptions.
Section 145Presumption as to documents in certain cases.Provides a related evidentiary presumption concerning specified microfilm, facsimile copies and document reproduction circumstances.
Section 67Search and seizure.Can explain how seized documents may enter a proceeding.
Section 70Power to summon persons to give evidence and produce documents.Can explain how documents are formally called for.
Reading tip: Sections 144 and 145 should be read separately because they address different evidentiary circumstances.

14. Common Mistakes

“Section 144 proves the entire document is true.”

Not necessarily. The statutory presumptions concern specified aspects such as handwriting, execution, attestation and production/receipt. Other factual issues may still need to be established.

“The presumption cannot be challenged.”

Wrong. The provision expressly uses “unless the contrary is proved.”

“Every company document gets Section 144 protection.”

No. The document must fall within the circumstances specified by the section and be tendered in evidence in proceedings under the Act.

“A seized document automatically proves tax evasion.”

No. The evidentiary presumption is not itself a finding of tax evasion or liability.

“Foreign documents need no context.”

No. Separate questions about translation, source, completeness and commercial meaning can remain relevant.

“Digital files do not need preservation.”

Electronic records can be important evidence. Preserve original/source versions and supporting audit trails.

15. Questions People Commonly Search

16. Frequently Asked Questions

1. What is Section 144 of the CGST Act?

It provides statutory presumptions concerning specified documents when they are produced, seized or received from outside India and tendered in evidence in proceedings under the Act.

2. Does Section 144 create a tax liability?

No. It is an evidentiary provision. A tax liability must be established under the substantive and procedural provisions applicable to the case.

3. What is presumed about handwriting?

Where a document purports to contain the handwriting of a particular person, the provision creates a presumption that it is that person's handwriting, unless the contrary is proved.

4. What is presumed about execution?

Where a document purports to have been executed by a person, Section 144 provides the specified presumption that it was executed by that person, subject to contrary proof.

5. What is presumed about attestation?

Where a document purports to have been attested by a person, the statutory presumption can apply to that attestation.

6. Does it cover documents produced by a taxpayer?

Yes, where the document is produced under the Act or another applicable law and is tendered in evidence in proceedings under the Act, subject to the statutory conditions.

7. Does it cover seized documents?

Yes, the section expressly includes documents seized from a person's custody or control under the Act or another law.

8. Does it cover foreign documents?

Yes. Section 144 specifically includes documents received from a place outside India in the course of proceedings.

9. Can the presumption be rebutted?

Yes. The statutory wording is “unless the contrary is proved.”

10. Does the section prove the contents of a document?

It should not be treated as a blanket rule that every statement contained in the document is automatically true. The provision principally establishes the specified documentary presumptions.

11. Should a business keep original electronic records?

Yes. Preserving source files and relevant audit trails is good evidence-management practice.

12. Is Section 144 only for criminal cases?

No. The provision refers to proceedings under the Act and can be relevant when documents are tendered in evidence before the adjudicating authority or court, as applicable.

13. What should I do if a document relied upon by the department is incorrect?

Identify the specific factual or documentary issue, preserve the original/contradictory records and present evidence supporting the position. The statutory presumption can be addressed through contrary proof.

14. Is Section 144 the same as Section 136?

No. Section 136 concerns relevancy of specified statements made in response to summons; Section 144 concerns presumptions relating to specified documents.

15. Is Section 144 still relevant in 2026?

Yes. The consolidated CGST Act continues to contain Section 144, and documentary evidence remains important in GST adjudication and investigation.

17. Quick Revision – Section 144

  • Section 144 = presumption as to documents in certain cases.
  • It covers specified documents produced under law.
  • It covers specified documents seized under law.
  • It covers documents received from outside India during proceedings.
  • The document must be tendered in evidence in proceedings under the Act.
  • Specified handwriting, execution and attestation facts can receive statutory presumptions.
  • The law uses “unless the contrary is proved”, so the presumption can be rebutted.
  • Section 144 does not itself establish tax liability or tax evasion.
  • Businesses should preserve originals, versions, source systems and supporting records.
  • Read Section 144 together with the surrounding evidence-related provisions where relevant.

18. Legal Disclaimer

This page is provided for general educational and compliance-workflow purposes. The evidentiary treatment of a document can depend on the exact proceeding, the manner in which the document was obtained, other statutory provisions and applicable judicial interpretation. Verify the law applicable to the relevant period and obtain professional advice where appropriate. This page is not a substitute for professional legal advice.