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“Section 144(1)(b)”

Section References (mined)Section 144Section 144(1)(b)73 judgments

The decision most relied on for Section 144(1)(b) is CIT v. Premkumar Arjundas Luthra (HUF) (297 CTR 614), cited in 659 judgments on BharatTax.

Leading authorities on Section 144(1)(b)

CIT v. Premkumar Arjundas Luthra (HUF)
297 CTR 614 · 2017 · High Court
659
citing judgments

The Commissioner of Income-tax (Appeals) cannot dismiss an appeal for non-prosecution or default in appearance. Under Section 250(6) of the Income-tax Act, the CIT(A) must decide the appeal on its merits, even in an ex parte proceeding.

Biocon Ltd. v. DCIT
35 Taxmann.com 335 · 2013 · ITAT
322
citing judgments

The discount arising from the grant of Employee Stock Option Plans (ESOPs) is an allowable business expenditure under Section 37(1) of the Income-tax Act, 1961, as it is an ascertained liability, not a contingent one, and constitutes a revenue expense rather than a capital expense.

Brij Bhushan Lal Paraduman Kumar v. CIT
115 ITR 524 · 1978 · Supreme Court
113
citing judgments

The Supreme Court holds that an Assessing Officer, when making a best judgment assessment or estimating income, must act fairly, honestly, and rationally, basing the estimation on available material and avoiding arbitrary or capricious decisions. Adherence to natural justice principles is crucial during assessment proceedings.

Taparia Tools Ltd. v. JCIT
260 ITR 102 · 2003 · High Court
74
citing judgments

Under the mercantile system of accounting, revenue and expenses are matched on an accrual basis, comparing income earned and expenses incurred irrespective of cash flow. If the Department seeks to substitute an assessee's chosen method of accounting, the burden is on the Department to prove that the existing method is incorrect or distorts profits.

Akhil Bhartiya Prathamik Shikshak Sangh Bhawan Trust v. ADIT
5 DTR 429 · High Court
50
citing judgments

To levy a penalty under section 271(1)(b), the Assessing Officer (AO) must record satisfaction in the assessment order. Mere initiation of penalty proceedings without such recorded satisfaction does not confer jurisdiction on the AO to levy the penalty.

Madhuri Goud v. B. Damodar Reddy
12 SCC 693 · 2012 · Reported
47
citing judgments

When considering an application for condonation of delay, courts must adopt a liberal, pragmatic, and justice-oriented approach, understanding 'sufficient cause' in its proper spirit to serve the ends of justice and avoid legalizing injustice.

Bansilal B. Raisoni & Sons. v. Assistant Commissioner of Income Tax
101 Taxmann.com 20 · 2019 · High Court
46
citing judgments

The time limit for objecting to an Assessing Officer's territorial jurisdiction under Section 124(3) does not apply when an assessee claims the officer acted wholly without jurisdiction or outside the authority of law. Objections to jurisdiction not relating to territorial matters are not subject to these time limits.

Sudhir Kumar Shah (HUF) v. CIT-III, Ludhiana)
224 Taxmann 178 · 2014 · High Court
38
citing judgments

The addition of cash deposits to an assessee's income under Section 68 is justified when the Assessment Officer notices huge cash deposits, as the onus is on the assessee to explain their nature and source.

Judgments citing Section 144(1)(b)

Bhavishaben Hareshbhai Rathod, Rajkot vs. Ward 2(1)(2), Rajkot

In the result, appeal of assessee is allowed

ITA 253/RJT/2025[2017-18]Status: DisposedITAT Rajkot21 Jul 2025AY 2017-18

Bench: Dr. Arjun Lal Saini & Shri Dinesh Mohan Sinhaआयकर अपील सं /.Ita No.253/Rjt/2025 िनधा"रणवष"/ Assessment Year: 2017-18 Bhavishaben Hareshbhai Rathod The Ito, Ward-2(1)(2) बनाम Shop No. 7, Hairline Unisex Salon Rajkot Amin Marg, Gujarat Housing Board Vs. Rajkot Gujarat 360001 Pan : Aespr4119R (अपीलाथ"/Appellant) (""यथ"/Respondent) : िनधा"रती क" ओर से/Assessee By : Shri Kalpesh Doshi, Ld.Ar राज"व क" ओर से/Revenue By : Shri Abhimanyu Singh Yadav, Sr-Dr सुनवाई क" तारीख /Date Of Hearing : 08/07/2025 घोषणा क" तारीख /Date Of Pronouncement : 21/07/2025 Order Per Dr. Arjun Lal Saini: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2017-18, Is Directed Against The Separate Order Passed By The Learned Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre, Delhi[In Short ‘Ld.Cit(A)/Nfac’], Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’), Dated 27.02.2025, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 144 Of The Act. 2. The Grounds Of Appeal Raised By The Assessee Are As Follows: 1. That, The Ld. Cit(A) Has Wrongly Confirmed The Order Passed Without Serving The Statutory Notice U/S 143(2) Of The I.T. Act, 1961. 2. That, The Ld. Cit(A) Has Wrongly Confirmed The Order Passed U/S 144(1)(B) Of The I.T. Act, 1961. Shri Bhavinshaben Hareshbhai Rathodi

For Appellant: Shri Kalpesh Doshi, ld.ARFor Respondent: Shri Abhimanyu Singh Yadav, Sr-DR
Section 115BSection 142(1)Section 143(2)Section 144Section 144(1)(b)Section 234ASection 250Section 271ASection 69A

आयकर अपीलीय अिधकरण, राजकोट "यायपीठ, राजकोट। IN THE INCOME TAX APPELLATE TRIBUNAL, RAJKOT BENCH, RAJKOT BEFORE DR. ARJUN LAL SAINI

Income Tax Officer, Barabanki vs. Sateesh Kumar, Barabanki

In the result, the appeal of the Revenue is dismissed

ITA 274/LKW/2024[2017-18]Status: DisposedITAT Lucknow25 Apr 2025AY 2017-18

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Income Tax Officer, Vs. Sateesh Kumar, Barabanki, U.P. H. No.9, Bhitariya, Ramsanehighat, H/O Baneekodar, Barabanki, U.P. Pan:Ctjpk3341N (Appellant) (Respondent) Assessee By: Sh. Shubham Rastogi, C.A. Revenue By: Sh. Sanjeev Krishna Sharma, Addl. Cit (Dr) Date Of Hearing: 02.04.2025 Date Of Pronouncement: 25.04.2025 O R D E R Per Nikhil Choudhary, A.M.: [ This Is An Appeal Filed By The Revenue Against The Order Of The Ld. Cit(A) Dated 13.03.2004 Partly Allowing The Appeal Of The Assesseee Against The Assessment Made Under Section 143(3) Of The Income Tax Act, 1961 On 24.09.2019. The Grounds Of Appeal Preferred By The Revenue Are As Under:- “1. Because On The Facts & Circumstances Of The Case, The Ld. Cit(A) Has Erred In Law & In Facts While Deleting The Addition Of Rs. 77,96,530/- Under Section 69A Of The I.T Act 1961 By Suo-Moto Taking The Bank Deposits As Turnover & Estimating The Profit @ 8% Of Rs. 95,83,320/- Ignoring The Fact That The Assessee Has Not Furnished Complete Details Of Bank Deposits, The Same Is Added To The Total Income Of The Assessee As Unexplained Money U/S 69A Of The I.T. Act. 1961. 2. That The Order Of Cit (A), Being Erroneous In Law & In Facts Be Cancelled & The Order Of The Ao Be Restored. 3. Any Other Grounds Arose During The Proceedings Of Appeal.”

For Appellant: Sh. Shubham Rastogi, C.AFor Respondent: Sh. Sanjeev Krishna Sharma, Addl. CIT
Section 115Section 142(1)Section 143(3)Section 144(1)(b)Section 44ASection 69A

even filed his ITR for the assessment year 2017-18 despite issue of notices to him for the said purposes. Therefore, quoting from section 144(1)(b) of the Income Tax Act, 1961, the ld. AO held that, as the assessee had failed to furnish the income tax return ... response to his notices under section 142(1) and to furnish details regarding his income, the provisions of section 144(1)(b) were being invoked to complete the proceedings as a best judgment assessment, after affording the assessee an opportunity with a show cause notice. The ld. AO pointed