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

Sharwan Lal Bairwa C/O- Ca Ss Shekhawat, Utsawa, A-25, Shri Ram Colony, Ram Nagar, Extn. Sodala, Jaipur vs. The Assessing Officer Ward-7(2), Jaipur, Ward-7(2) Jaipur

In the result, this appeal of the assessee is dismissed

ITA 695/JPR/2019[2007-08]Status: DisposedITAT Jaipur14 Jul 2021AY 2007-08

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 695/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2007-08 Sharwan Lal Bairwa, Cuke I.T.O., Vs. Paladi Parsa, Tehsil- Sanganer, Ward 7(2), Jaipur-302002. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Awjpb 0001 H Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Written Submission Jktlo Dh Vksj Ls@ Revenue By : Smt. Monisha Choudhary (Jcit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 23/06/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 14/07/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is An Appeal Filed By The Assessee Against The Order Of Ld.Cit(A)- 3, Jaipur Dated 01/12/2015 For The A.Y. 2007-08, Wherein Following Grounds Have Been Taken By The Assessee. “1. The Ld. A.O. Not Allowed Deduction U/S 54 Of Rs. 12,66,336/- Before Computing Long Term Capital Gain Liability Against The Provision Of Law. 2. The Ld. A.O. Taken Cost Of The Sold Land As Zero Against The Provision Of Act While The Same Was Allotted Being 25% Of The Compulsory Acquired Land Under ‘Sez’. 3. The Ld. A.O. Finalized The Order Of ¼ Share Of Shri Sharwan Lal Bairwa While The Assessment Of All His Three Brothers Were Made At Nil Demand By Accepting Deduction U/S 54 For The Sale & Construction Of The Share Of Same Properties.

For Appellant: Written SubmissionFor Respondent: Smt. Monisha Choudhary (JCIT)
Section 143(3)Section 54

Anvi Ankit Gandhi (Anvi Nipun Khandwala), Mumbai vs. Income Tax Officer 16(3)(4), Mumbai

ITA 4186/MUM/2018[2006-07]Status: DisposedITAT Mumbai12 Jul 2021AY 2006-07

Bench: Shri Mahavir Singh, Vp & Shri M. Balaganesh, Am आमकय अऩीर सिं./ Ita No. 4186/Mum/2018 (ननधाायण वषा / Assessment Year 2006-07) Anvi Ankit Gandhi The Income Tax Officer- (Anvi Nipun Khandwala) Ward 16(3)(4) 203, C-Wing, 2Nd Floor Ajoy 2N D Floor, Room No. 201, Co-Op. Hsg. Soc. Ltd. Matru Mandir, Tardeo Road, फनाभ/ Pandurang Salunke Marg Mumbai-400 007 Off Dutt Mandir Road Vs. Dahanukarwadi Kandivali (West) Mumbai-400 069 (अऩीराथी / Appellant) (प्रत्मथी/ Respondent) स्थामी रेखा सिं./Pan No. Aqupk4940M अऩीराथी की ओय से/ Appellant By : Shri Kapil Bohra, Ar प्रत्मथी की ओय से/ Respondent By : Shri Brajendra Kumar, Dr सुनवाई की तायीख / Date Of Hearing: 29.06.2021 घोषणा की तायीख / Date Of Pronouncement: 12.07.2021 आदेश / O R D E R भहावीय ससिंह, उऩाध्मऺ के द्वाया / Per Mahavir Singh, Vp: This Appeal Of Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals)]-30, Mumbai [In Short Cit(A)], Dated 20.04.2018. The Assessment Was Framed By The Income Tax Office, Ward-16(3)(4), Mumbai (In Short Dcit/Ito/ Ao) For The A.Y. 2006-07 Vide Order Dated 20.03.2014 Under Section 144 Read With Section 147 Of The Income-Tax Act, 1961 (Hereinafter ‘The Act’). The Penalty Was Levied By The Ito Ward, 16(3)(4), Mumbai Under Section 271(1)(C) Of The Act Vide Order Dated 25.09.2014. Anvi Ankit Gandhi; Ay 06-07 2. The Only Issue In This Appeal Of Assessee Is Against The Order Of Cit(A) Confirming The Levy Of Penalty By The Assessing Officer Under Section 271(1)(C) Of The Act Amounting To ₹1.30 Lacs. For This, Assessee Has Raised The Following Two Grounds:-

For Appellant: Shri Kapil Bohra, ARFor Respondent: Shri Brajendra Kumar, DR
Section 144Section 147Section 271(1)(c)