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

Jagadisa Realtors P Ltd, Urapakkam vs. ITO Corporate Circle, Chennai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 501/CHNY/2020[2013-14]Status: DisposedITAT Chennai10 Feb 2022AY 2013-14

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.501/Chny/2020 िनधा"रण वष"/Assessment Year: 2013-14 M/S. Jagadisa Realtors Private Limited, The Income Tax Officer, Vs. No. 2, Pillaiyar Koil 1St Cross Street, Corporate Circle 2(3), Kilambakkam, Annai Anjugam Nagar Chennai 600 034. Post, Urapakkam 603 211. [Pan:Aaccj0095R] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Banusekar, C.A. ""थ" की ओर से/Respondent By : Shri Ar V Sreenivasan, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 02.02.2022 घोषणा की तारीख /Date Of Pronouncement : 10.02.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 6, Chennai Dated 19.11.2019 Relevant To The Assessment Year 2013-14. 2. Facts Are, In Brief, That The Assessee M/S. Jagadisa Realtors Private Limited Filed Its Return Of Income Declaring Nil Income. The Case Was Elected For Scrutiny & Issued Notices As Per Procedure & Assessment Was Completed Under Section 144 Of The Income Tax Act

For Appellant: Shri T. Banusekar, C.AFor Respondent: Shri AR V Sreenivasan, Addl. CIT
Section 144Section 68

Trac Media Pvt. Ltd., Chennai vs. ACIT, CC-20(1), Chennai

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 3149/CHNY/2019[2016-17]Status: DisposedITAT Chennai10 Feb 2022AY 2016-17

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.3149/Chny/2019 िनधा"रण वष"/Assessment Year: 2016-17 M/S. Trac Media Pvt. Ltd., The Assistant Commissioner Of No. 35, 3Rd Main Road, Kalaimagal Income Tax, Nagar, Ekkattuthangal, Corporate Circle 20(1), Vs. Chennai 600 032. Chennai 600 034. [Pan:Aadct4184G] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri D. Anand, Advocate ""थ" की ओर से/Respondent By : Shri R. Clement Ramesh Kumar, Cit सुनवाई की तारीख/ Date Of Hearing : 01.02.2022 घोषणा की तारीख /Date Of Pronouncement : 10.02.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 9, New Delhi Dated 09.08.2019 Relevant To The Assessment Year 2016-17. The Assessee Has Raised Following Grounds: “1. The Order Of The Commissioner Of Income Tax (Appeals) Is Contrary To Law, Facts Of The Case & Material On Record. 2. The Commissioner Of Income Tax (Appeals) & The Assessing Officer Failed To Afford Sufficient Opportunity Of Being Heard To The Appellant Before Passing Exparte Order.

For Appellant: Shri D. Anand, AdvocateFor Respondent: Shri R. Clement Ramesh Kumar, CIT
Section 131Section 142(1)Section 143(2)Section 144Section 68

Balasaheb Kashinath Kamble, Pune vs. Deputy Commissioner of Income-Tax, Circle - 8, Pune

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1792/PUN/2018[2015-16]Status: DisposedITAT Pune02 Feb 2022AY 2015-16

Bench: Shri Partha Sarathi Chaudhury, Jm & Shri Ripote Dipak Pandurang, Am आयकर अपील सं. / Ita No.1792/Pun/2018 िनधा"रण वष" / Assessment Year : 2015-16 Balasaheb Kashinath Kamble, Sr.No.24/1B, Flat No.04, Aksha Apartment, Pimple Nilakh, Pune- 411027. .......अपीलाथ" / Appellant Pan : Aqzpk0209N बनाम / V/S. Dcit, Circle- 8, ……""यथ" / Respondent Pune. Assessee By : Shri Abhay Shastri Revenue By : Shri Piyush Kumar Singh Yadav सुनवाई क" तारीख / Date Of Hearing : 31.01.2022 घोषणा क" तारीख / Date Of Pronouncement : 02.02.2022 आदेश / Order Per Partha Sarathi Chaudhury, Jm: This Appeal Preferred By The Assessee Emanates From The Order Of The Ld. Cit(A)- 6, Pune Dated 10.09.2018 For The Assessment Year 2015-16 As Per The Following Grounds Of Appeal On Record :- “1. The Learned Cit (A) Has Erred In Adding Back Agricultural Income Without Giving A Speaking Order. 2. The Learned Cit (A) Has Erred In Ignoring The Fact That The Assessee Along With His Wife & Brothers Holds 22 Acres Of Land Yielding Agricultural Income From The Same Which Was Accounted For In The Said A.Y. 2015-16. 3. The Learned Cit (A) Failed To Appreciate That The Assessing Officer Has Added Back Item Treating Them As Unexplained Cash Deposits & Not Agricultural Income. 4. The Learned Cit(A) Failed To Consider The Various Documents Produced Such As 7/12 Extract To Determine The Agricultural Income.”

For Appellant: Shri Abhay ShastriFor Respondent: Shri Piyush Kumar Singh Yadav
Section 142(1)Section 144Section 271(1)(b)