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

M/S Shakuntala Poly Industries Pvt. Ltd., Kolkata vs. I.T.O., Ward-10(3), Kolkata

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

ITA 204/KOL/2020[2014-15]Status: DisposedITAT Kolkata07 Sept 2021AY 2014-15

Bench: Shri Sanjay Garg & Shri Manish Boradi.T.A. No.204/Kol/2020 Assessment Year: 2014-15 M/S Shakuntala Poly Industries Pvt. Ltd......………………………….……Appellant 5Th Floor, Tower-10, Flat-5B, Diamond City West, 18, Ho Chi Minh Sarani, Kolkata-700061. [Pan:Aaucs3465L] Vs. Ito, Ward-10(3), Kolkata……………………….……........……...…..…..Respondent Appearances By: Shri S.M. Surana, A.R, Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit, Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 07, 2021 Date Of Pronouncing The Order : September 07, 2021 Hearing Through Video Conferencing Order Per Shri Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 19.12.2019 Of The Commissioner Of Income Tax (Appeals)-4, Kolkata (Hereinafter Referred To As ‘Cit’) Passed U/S 144 Of The Income Tax Act. At The Outset, The Ld. Counsel For The Assessee Has Submitted That The Impugned 2. Order Of The Assessing Officer Is An Ex-Parte Order. He Has Further Submitted That Though The Assessee Had Engaged A Counsel Namely Shri Santosh Agarwal, Fca, Who Appeared Before The Assessing Officer & Furnished The Necessary Details, However, The Assessing Officer Has Noted That No Details Were Furnished Before Him. He Has Further Submitted That The Assessee Did Not Receive The Notices Of The Subsequent Hearings Fixed Before The Assessing Officer. The Ld. Counsel Has Further Invited Our Attention To The Impugned Order Of The Cit(A) & Submitted That It Is Also An Ex Parte Order. The Ld. Counsel Has Submitted That The Assessee Had Not Been Given Adequate Opportunity To Present His Case. He, Therefore, Has Requested That The Case Of The Assessee Be Restored To The File Of The

Section 144

Aloke Ghosh, Nimta vs. D.C.I.T., Circle-49(1), Kolkata

In the result, the appeal of the assessee is dismissed

ITA 2393/KOL/2019[2012-13]Status: DisposedITAT Kolkata02 Sept 2021AY 2012-13

Bench: Shri Sanjay Gargi.T.A. No.2393/Kol/2019 Assessment Year: 2012-13 Aloke Ghosh..………..…...……………………..………………….……Appellant 34, Khetra Mohan Banerjee Road, Nimta, Kolkata – 700049. [Pan:Aelpg8339R] Vs. Dcit, Circle-49(1), Kolkata………………………………...………..…..Respondent Appearances By: Shri Dilip Kr. Saha, Ar, Appeared On Behalf Of The Appellant. Shri Jayanta Khanra, Jcit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 02, 2021 Date Of Pronouncing The Order : September 02, 2021 Hearing Through Video Conferencing Order The Present Appeal Has Been Preferred By The Assessee For The Assessment Year 2012-13 Against The Order Dated 27.09.2019 Of The Commissioner Of Income Tax(Appeals)-15, Kolkata [Hereinafter Referred To As ‘Cit(A)’] By Which The Cit(A) Confirmed The Additions Made By The Assessing Officer Vide Assessment Order Dated 26.02.2015 Passed U/S 144 Of The Income Tax Act [Hereinafter Referred To As The ‘Act’]. 2. At The Outset, The Ld. Counsel For The Assessee Has Invited My Attention To The Subsequent Assessment Order Dated 29.12.2017 Passed By The Assessing Officer U/S 143(3) R.W. Section 147 Of The Act. The Ld. Counsel, In This Respect, Has Submitted That Pursuant To The Ex-Parte Assessment Order Passed U/S 144 Of The Act Dated 26.02.2015, The Assessment Of The Assessee Was Reopened U/S 147 Of The Act & Certain Additions Were Made By The Assessing Officer In The Said Order Dated 29.12.2017. 3. The Ld. Counsel Has Further Drawn My Attention To The Appellate Order Of The Cit(A) Dated 27.09.2019 Passed In Appeal No. 91/Cit(A)-15/17-18/Cir-49(1)/Kol Whereby The Additions Made By The Assessing Officer In The Assessment Order Passed U/S

Section 143(3)Section 144Section 147