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

Thangaraj Muthukumar, Chennai vs. ITO, Non Corp Ward 8(2), Chennai

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

ITA 284/CHNY/2019[2013-14]Status: DisposedITAT Chennai16 Sept 2021AY 2013-14

Bench: Shri Duvvuru Rl Reddy & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 284/Chny/2019 िनधा"रण वष"/Assessment Year: 2013-14 Shri Thangaraj Muthukumar, The Income Tax Officer, No. 152/24, Maruthi Complex, Vs. Non Corporate Ward 8(2), Jawaharlal Nehru Salai, Arumbakkam, Chennai. Chennai 600 106. [Pan:Alepm2119B] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Sridhar, Advocate ""थ" की ओर से/Respondent By : Shri G. Johnson, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 02.09.2021 घोषणा की तारीख /Date Of Pronouncement : 16.09.2021 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 9 I/C, Chennai, Dated 28.09.2018 Relevant To The Assessment Year 2013-14. The Effective Ground Raised In The Appeal Relates To Confirmation Of Additions Of (1) ₹.68,20,999/- Representing The Sundry Creditors, (2) ₹.15,00,000/- Representing The Unsecured Loan & (3) ₹.8,87,654/- Representing 50% Of The Indirect Expenses.

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri G. Johnson, Addl. CIT
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 144

Smt.Sejal Ashish Kumar Patel, Surat vs. Income Tax Officer Ward -2(3)(4), Surat

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

ITA 574/SRT/2018[2014-15]Status: DisposedITAT Surat15 Sept 2021AY 2014-15

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकरअपीलसं./Ita No.574/Srt/2018 ("नधा"रणवष" / Assessment Years: (2014-15) (Virtual Court Hearing) Smt. Sejal Ashishkumar Patel, Vs. The Income Tax Officer, A-125, Siddhi Vinayak Row House, Ward-2(3)(4), Surat. Aroli, Surat-395004, Gujarat. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Chzpp4115K (Assessee) (Respondent) Assessee By : Shri Sapnesh Sheth, Ca Revenue By : Shri Anupama Singla, Sr. Dr सुनवाईक"तार"ख/ Date Of Hearing : 15/09/2021 घोषणाक"तार"ख/Date Of Pronouncement : 15/09/2021 आदेश / O R D E R Per Dr. A. L. Saini: The Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2014-15, Is Directed Against The Order Passed By Ld. Commissioner Of Income Tax (Appeals)-1, Surat, In Appeal No. Cit(A), Surat-1/11286/2016-17 Dated 04.06.2018, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 144 Of The Income Tax Act, 1961 (Hereinafter Referred To As The ‘Act’) Dated 30.11.2016. 2. At The Outset Itself, Learned Counsel Submits That Impugned Order Passed By The Ld Cit(A) Is An Ex Parte Order & Assessee Could Not Represent His Case Before Ld. Cit(A), Therefore, An Another Opportunity To Contest The Appeal Before The Ld. First Appellate Authority May Be Granted To The Assessee. Learned Counsel Submits Before Us That Due To Change Of Address, The Assessee Could Not Receive Notices From The Ld. Cit(A), That Is Notice During The Appellate Proceedings Could Not Be Served On The Assessee Because Of Change Of Address & As A Result The Assessee Could Not Plead His Case Before The Ld. Cit(A). Assessment Year. 2014-15 Sejal Ashishkumar Patel 3. Learned Departmental Representative (Ld. Dr) For The Revenue Did Not Have Any Objection If The Matter Is Remitted Back To The File Of The Ld. Cit(A).

For Appellant: Shri Sapnesh Sheth, CAFor Respondent: Shri Anupama Singla, Sr. DR
Section 144