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

Reliable Paper India Ltd., Mumbai vs. Dy CIT CC 12, Mumbai

The appeal stand allowed for statistical purposes

ITA 7681/MUM/2019[2011-12]Status: DisposedITAT Mumbai02 Aug 2021AY 2011-12

Bench: Hon’Ble Shri Mahavir Singh, Vp & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) 1. आयकरअपील िं./ I.T.A. No.7681/Mum/2019 (धििाारण वर्ा / Assessment Year: 2011-12) Reliable Paper India Limited Dcit Cc-12 बिाम/ 8Th Floor, Pratistha Bhavan 93, Dadi Seth Agiry Lane, Kalabadevi Road, M. K. Road Vs. Mumbai-400 002 Mumbai-400 020 स्थायीलेखा िं./ जीआइआर िं./ Pan/Gir No. Aaacd-9643-F (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee By : None Revenue By : Shri Sunil Jha, Ld. Cit-Dr ुनवाई की तारीख/ : 02/08/2021 Date Of Hearing घोषणा की तारीख / : 02/08/2021 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2011-12 Contest The Order Of Learned Commissioner Of Income-Tax (Appeals)-48, Mumbai [Cit(A)], Dated 20/09/2019 On Certain Grounds Of Appeal. 2. At The Time Of Hearing, None Appeared For Assessee. The Assessment Has Been Framed On Best Judgment Basis U/S 144 Since Assessee Failed To Appear Before Ld. Ao. Accordingly, Ld. Ao Estimated Income @7% Of Gross Receipts. The Assessee Filed Only Written

For Appellant: NoneFor Respondent: Shri Sunil Jha, Ld. CIT-DR
Section 144

Santosh Sahi, New Delhi vs. ITO Ward 61(5), New Delhi

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

ITA 1719/DEL/2019[2010-11]Status: DisposedITAT Delhi28 Jul 2021AY 2010-11

Bench: Shri R.K. Pandaassessment Year: 2010-11 Santosh Sahi, Vs Ito, B-497, New Friends Colony, Ward-61(5), New Delhi. New Delhi. Pan: Aawps8472Q (Appellant) (Respondent) Assessee By : Shri Subhash Singhal, Ca Revenue By : Shri Rajesh Kumar Dhanesta, Sr. Dr Date Of Hearing : 28.07.2021 Date Of Pronouncement : 28.07.2021 Order This Appeal Filed By The Assessee Is Directed Against The Ex Parte Order Dated 31St January, 2019 Of The Cit(A)-20, New Delhi, Relating To Assessment Year 2010- 11. 2. Although A Number Of Grounds Have Been Raised By The Assessee, These All Relate To The Ex Parte Order Of The Cit(A) In Confirming The Addition Of Rs.1,78,023/- To The Total Income Of The Assessee On Account Of Income From House Property. 3. Facts Of The Case, In Brief, Are That The Assessee Is An Individual. Since The Assessee Had Earned Interest Income & Rental Income & Fee For Professional Technical Services To The Tune Of Rs.9,06,450/-, The Ao Issued A Verification Letter To The Assessee On 21.03.2017 Which Remained Uncomplied. He Further Noted That The Assessee Has Not Filed His Return Of Income For The Impugned Assessment Year. He, Therefore, Reopened The Assessment U/S 147 Of The Act After Recording Reasons & Notice U/S 148 Was Issued To The Assessee On 31.03.2017. However, No Compliance Was Made To The Said Notice. Subsequently, The Ao Issued Notice U/S 142(1) To The Assessee On Various Dates Which Also Remained Uncomplied. The Ao, Therefore, Issued A Final Reminder To The Assessee To Which The Assessee Filed Certain Details. In Absence Of Complete Details Filed By The Assessee, The Ao, Invoking The Provisions Of Section 144 Of The It Act, Determined The Total Income Of The Assessee At Rs.5,50,850/- Wherein He Made Addition Of Rs.1,78,023/- On Account Of Suppressed Rental Income.

For Appellant: Shri Subhash Singhal, CAFor Respondent: Shri Rajesh Kumar Dhanesta, Sr. DR
Section 142(1)Section 144Section 147Section 148