Section 144 of the Income Tax Act

Income-tax Act, 2025: s.271

Section 144 of the Income-tax Act, 1961 corresponds to section 271 (Best judgment assessment) of the Income-tax Act, 2025.

Read section 271 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 144 is Collector, Land Acquisition v. Mst. Katiji (167 ITR 471), cited in 3,926 of the 24,748 judgments on BharatTax that turn on this section.

Leading authorities on Section 144

Collector, Land Acquisition v. Mst. Katiji
167 ITR 471 · 1987 · Supreme Court
3,926
citing judgments

Delay in filing appeals, when supported by sufficient or justifiable cause, should be condoned with a liberal approach to ensure substantial justice. This principle prioritizes the cause of justice over mere technicalities.

CIT v. Vegetable Products Ltd.
88 ITR 192 · 1973 · Supreme Court
2,664
citing judgments

When two equally plausible interpretations of a taxing provision are possible, or when conflicting views exist from non-jurisdictional High Courts, the interpretation that favors the assessee must be adopted.

CIT v. Multiplan India Ltd.
38 ITD 320 · 1991 · ITAT
2,267
citing judgments

An appeal before the Income Tax Appellate Tribunal can be dismissed for non-prosecution or treated as unadmitted when the appellant fails to appear, cooperate, or show diligence, in accordance with Rule 19(2) of the Income-tax (Appellate Tribunal) Rules. The law aids the vigilant, not those who sleep on their rights.

Estate of Late Tukojirao Holkar v. CWT
223 ITR 480 · 1997 · High Court
2,040
citing judgments

A court or tribunal is not bound to answer a reference or adjudicate an appeal on its merits if the party at whose instance the proceeding is made fails to appear at the hearing or take necessary steps for its proper conduct.

CIT v. B.N. Bhattacharya & Another
118 ITR 461 · 1997 · Supreme Court
1,656
citing judgments

Appealing a tax assessment requires more than just filing the appeal; it involves actively pursuing it. The assessee must effectively engage with the appellate process.

Union of India v. Rajeev Bansal
469 ITR 46 · 2024 · Supreme Court
713
citing judgments

The legal fiction created by the Ashish Agarwal judgment stops the limitation clock for Section 148 notices from the date of the deemed notice. Orders issued without proper jurisdiction, or those inconsistent with statutory prescriptions, are a nullity, and there can be no waiver of such fundamental jurisdictional requirements.

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.

CIT v. B.C. Srinivasa Setty
128 ITR 294 · 1981 · Supreme Court
628
citing judgments

When the cost of acquisition of a capital asset cannot be determined, the computation mechanism for capital gains fails, and thus no capital gains can be charged. This establishes a broader principle that a charging section cannot operate in the absence of specific machinery provisions for computation.

Tin Box Company v. CIT
249 ITR 216 · 2001 · Supreme Court
624
citing judgments

When an issue is remitted to the Assessing Officer for fresh adjudication, the AO must conduct a de novo examination and provide the assessee a full opportunity of being heard. The assessee is bound to comply with the notices issued by the AO.

ACIT v. Hotel Blue Moon
321 ITR 362 · 2010 · Supreme Court
623
citing judgments

The issuance of a notice under Section 143(2) within the statutory time limit is mandatory for completing an assessment under Section 143(3), and the failure to do so renders the assessment invalid. This defect is not curable under Section 292BB of the Income Tax Act, 1961.

Judgments on Section 144

Abhishek Agrawal, Giridih vs. Dy. C. I. T., Central Circle, Varanasi

In the result, all three appeals are dismissed

ITA 60/VNS/2026[2022-23]Status: DisposedITAT Varanasi23 Jul 2026AY 2022-23

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharyita Nos.58, 59 & 60/Vns/2026 A.Ys. 2020-21, 2021-22 & 2022-23 Abhishek Agrawal, Vs. Dy. Commissioner Of Income Tax, Surya, Giridih, Jharkhand Central Circle, Varanasi Pan: Bbypa9729A (Appellant) (Respondent) Assessee By: Sh. O.P. Shukla & Abadhesh Dubey, Advocates Revenue By: Sh. Koushlendra Tewari, Cit Dr Date Of Hearing: 11.05.2026 Date Of Pronouncement: 23.07.2026 O R D E R Per Bench: These Three Appeals Have Been Filed By The Assessee Against The Separate Orders Of The Ld. Cit(A), Nfac, All Dated 14.08.2025, Wherein The Ld. Cit(A)-3, Lucknow Has Dismissed The Appeals Of The Assessee Against Levy Of Penalty Under Section 272A(1)(D) Of The Income Tax Act, 1961 Levied On The Assessee For The Assessment Years 2020-21, 2021-22 & 2022-23. The Grounds Of Appeal Are As Under:- Ita Nos.58, 59 & 60/Vns/2026 (A.Ys. 2020-21, 2021-22 & 2022-23 “1. Because The Ld. Commissioner Of (A) Was Not Justified To Confirm The Penalty U/S 272A(1)(D) Of The Income Tax Act Rs 10000/- Imposed By The Assessing Officer For Non-Compliance Of Notice U/S 142(1) Though The Order Has Been Passed By The Assessing Officer U/S 143(3) Of The Income Tax Act. 2. Because The Ld. Commissioner Of (A) Was Not Justified To Placed Reliance On The Judgment Of Hon'Ble Itat Allahabad Bench & Hon'Ble Delhi Itat In Case Of Pratima Agrawal & Akhil Bhartiya Samyak Bhawan Trust. 3. Because, The Appellant Craves For A Right To Raise Any Additional Ground During The Course Of Hearing Of The Case. 4. Because The Order Passed By The Ld. Assessing Officer Is Erroneous, Bad In Law & On Facts & Is Liable To Be Deleted.”

For Appellant: Sh. O.P. Shukla, & Abadhesh DubeyFor Respondent: Sh. Koushlendra Tewari, CIT DR
Section 142(1)Section 143(3)Section 202Section 272A(1)(b)Section 272A(1)(d)

Abhishek Agral, Giridih vs. Dy. C. I. T, Central Circle, Varanasi

In the result, all three appeals are dismissed

ITA 59/VNS/2026[2021-2022]Status: DisposedITAT Varanasi23 Jul 2026AY 2021-2022

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharyita Nos.58, 59 & 60/Vns/2026 A.Ys. 2020-21, 2021-22 & 2022-23 Abhishek Agrawal, Vs. Dy. Commissioner Of Income Tax, Surya, Giridih, Jharkhand Central Circle, Varanasi Pan: Bbypa9729A (Appellant) (Respondent) Assessee By: Sh. O.P. Shukla & Abadhesh Dubey, Advocates Revenue By: Sh. Koushlendra Tewari, Cit Dr Date Of Hearing: 11.05.2026 Date Of Pronouncement: 23.07.2026 O R D E R Per Bench: These Three Appeals Have Been Filed By The Assessee Against The Separate Orders Of The Ld. Cit(A), Nfac, All Dated 14.08.2025, Wherein The Ld. Cit(A)-3, Lucknow Has Dismissed The Appeals Of The Assessee Against Levy Of Penalty Under Section 272A(1)(D) Of The Income Tax Act, 1961 Levied On The Assessee For The Assessment Years 2020-21, 2021-22 & 2022-23. The Grounds Of Appeal Are As Under:- Ita Nos.58, 59 & 60/Vns/2026 (A.Ys. 2020-21, 2021-22 & 2022-23 “1. Because The Ld. Commissioner Of (A) Was Not Justified To Confirm The Penalty U/S 272A(1)(D) Of The Income Tax Act Rs 10000/- Imposed By The Assessing Officer For Non-Compliance Of Notice U/S 142(1) Though The Order Has Been Passed By The Assessing Officer U/S 143(3) Of The Income Tax Act. 2. Because The Ld. Commissioner Of (A) Was Not Justified To Placed Reliance On The Judgment Of Hon'Ble Itat Allahabad Bench & Hon'Ble Delhi Itat In Case Of Pratima Agrawal & Akhil Bhartiya Samyak Bhawan Trust. 3. Because, The Appellant Craves For A Right To Raise Any Additional Ground During The Course Of Hearing Of The Case. 4. Because The Order Passed By The Ld. Assessing Officer Is Erroneous, Bad In Law & On Facts & Is Liable To Be Deleted.”

For Appellant: Sh. O.P. Shukla, & Abadhesh DubeyFor Respondent: Sh. Koushlendra Tewari, CIT DR
Section 142(1)Section 143(3)Section 202Section 272A(1)(b)Section 272A(1)(d)

Abhishek Agrawal, Giridih vs. Dy. C. I. T., Central Circle, Varanasi

In the result, all three appeals are dismissed

ITA 58/VNS/2026[2020-2021]Status: DisposedITAT Varanasi23 Jul 2026AY 2020-2021

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharyita Nos.58, 59 & 60/Vns/2026 A.Ys. 2020-21, 2021-22 & 2022-23 Abhishek Agrawal, Vs. Dy. Commissioner Of Income Tax, Surya, Giridih, Jharkhand Central Circle, Varanasi Pan: Bbypa9729A (Appellant) (Respondent) Assessee By: Sh. O.P. Shukla & Abadhesh Dubey, Advocates Revenue By: Sh. Koushlendra Tewari, Cit Dr Date Of Hearing: 11.05.2026 Date Of Pronouncement: 23.07.2026 O R D E R Per Bench: These Three Appeals Have Been Filed By The Assessee Against The Separate Orders Of The Ld. Cit(A), Nfac, All Dated 14.08.2025, Wherein The Ld. Cit(A)-3, Lucknow Has Dismissed The Appeals Of The Assessee Against Levy Of Penalty Under Section 272A(1)(D) Of The Income Tax Act, 1961 Levied On The Assessee For The Assessment Years 2020-21, 2021-22 & 2022-23. The Grounds Of Appeal Are As Under:- Ita Nos.58, 59 & 60/Vns/2026 (A.Ys. 2020-21, 2021-22 & 2022-23 “1. Because The Ld. Commissioner Of (A) Was Not Justified To Confirm The Penalty U/S 272A(1)(D) Of The Income Tax Act Rs 10000/- Imposed By The Assessing Officer For Non-Compliance Of Notice U/S 142(1) Though The Order Has Been Passed By The Assessing Officer U/S 143(3) Of The Income Tax Act. 2. Because The Ld. Commissioner Of (A) Was Not Justified To Placed Reliance On The Judgment Of Hon'Ble Itat Allahabad Bench & Hon'Ble Delhi Itat In Case Of Pratima Agrawal & Akhil Bhartiya Samyak Bhawan Trust. 3. Because, The Appellant Craves For A Right To Raise Any Additional Ground During The Course Of Hearing Of The Case. 4. Because The Order Passed By The Ld. Assessing Officer Is Erroneous, Bad In Law & On Facts & Is Liable To Be Deleted.”

For Appellant: Sh. O.P. Shukla, & Abadhesh DubeyFor Respondent: Sh. Koushlendra Tewari, CIT DR
Section 142(1)Section 143(3)Section 202Section 272A(1)(b)Section 272A(1)(d)