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 Regal Shipping and Marine Services Pvt Ltd., Mumbai vs. DCIT 15(3)(1), Mumbai

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

ITA 3981/MUM/2019[2012-13]Status: DisposedITAT Mumbai17 Mar 2021AY 2012-13

Bench: Sri Mahavir Singh, Vp & Sri S Rifaur Rahman, Am आमकय अऩीर िं./ Ita No. 3981/Mum/2019 (ननधाायण वर्ा / Assessment Year 2012-13) M/S Regal Shipping & Marine The Dcit Services Pvt. Ltd. Circle-15(3)(1), Mumbai 711, 7Th Floor, Vidyan Commercial फनाभ/ Premises, Sector-11, Plot No.1, Cbd Belapur, Navi Vs. Mumbai-400 614 (अऩीराथी / Appellant) (प्रत्मथी/ Respondent) स्थामी रेखा िं./Pan No. Aaccr8006Q अऩीराथी की ओय े/ Appellant By : None प्रत्मथी की ओय े/ Respondent By : Shri Vidhyadhar V, Dr ुनवाई की तायीख / Date Of Hearing: 17.03.2021 घोर्णा की तायीख / Date Of Pronouncement: 17.03.2021 आदेश / O R D E R भहावीय स िंह, उऩाध्मक्ष के द्वाया / Per Mahavir Singh, Vp: This Appeal Of Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals)]-24, Mumbai, [In Short Cit(A)], In Ita No. Cit(A)-24/Dcit-15(3)(1)/It-264/2015-16 Dated 20.03.2017. The Assessment Was Framed By The Dy. Commissioner Of Income Tax, Circle 15(3)(1), Mumbai (In Short Dcit/ Ao), For The A.Y. 2012-13 Vide M/S Regal Shipping & Marine Services P. Ltd.; Ay 12-13 Order Dated 27.03.2015 Under Section 144 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’).

For Appellant: NoneFor Respondent: Shri Vidhyadhar V, DR
Section 144

Shri Krishna Bothra 302, Vinayak Apartment Prithviraj Road, C-Scheme, Jaipur vs. ITO Ward-6 (2), Jaipur, Ward-6(2)

In the result, this appeal of the assessee is dismissed

ITA 967/JPR/2019[2010-11]Status: DisposedITAT Jaipur17 Mar 2021AY 2010-11

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 967/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2010-11 Krishna Bothra, Cuke I.T.O. Vs. 302, Vinayak Apartment, Pritiviraj Ward 6(2) Road, C-Scheme, Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Arzpb 5089 Q Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri H.M. Singhvi (Ca) Jktlo Dh Vksj Ls@ Revenue By: Smt. Monisha Choudhary(Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 21/01/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 17/03/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Appeal Has Been Filed By The Assessee Against The Order Of The Ld. Cit(A)-2, Jaipur Dated 21/05/2019 For The A.Y. 2010-11 Wherein Sole Effective Ground Of Appeal Has Been Taken & The Same Is Reproduced As Under: “1. That The Ld. Cit(A) Went Wrong In Confirming The Addition Of Rs. 9,41,283/- Of Interest U/S 234A(1) Whereas It Should Be Charged As Per Sec. 234A(3) Which Is Bad In Law.” 2. The Hearing Of The Appeal Was Concluded Through Video Conference In View Of The Prevailing Situation Of Covid-19 Pandemic.

For Appellant: Shri H.M. Singhvi (CA)For Respondent: Smt. Monisha Choudhary(Addl.CIT)
Section 139Section 139(1)Section 142Section 143Section 144Section 148Section 154Section 234ASection 234A(1)Section 234A(3)

Income Tax Officer-20(1)(5), Mumbai vs. Habibullah M. H. Mullajiwala(Prop.M/S.Lucky Supply Agency), Mumbai

In the result, both the appeals filed by the revenue are hereby dismissed

ITA 5373/MUM/2017[2011-12]Status: DisposedITAT Mumbai16 Mar 2021AY 2011-12

Bench: Shri Amarjit Singh, Jm & Shri Manoj Kumar Aggarwal, Am आयकर अपील सं/ I.T.A. Nos.5373 & 5374/Mum/2017 (निर्धारण वर्ा / Assessment Year: 2011-12) Income Tax Officer 20(1)(5) बिधम/ Shri Habibullah M. H. Room No.121, 1St Floor, Mullajiwala (Prop. M/S. Vs. Piramal Chambers, Parel, Lucky Supply Agency) Mumbai-400012. Shop No. 8, Yusuf Manzil, 2, Sofia Zuber Road, Opp. Nagpada Police Station, Mumbai-400008. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Afdpm7661R (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Gurbinder Singh (Dr) Assessee By: None सुनवाई की तारीख / Date Of Hearing: 21/12/2020 घोषणा की तारीख /Date Of Pronouncement: 16/03/2021 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Above Mentioned Appeals Against The Different Order Passed By The Commissioner Of Income Tax (Appeals) -32, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2011- 12. Ita. No.5374/Mum/2017 2. The Revenue Has Filed The Present Appeal Against The Order Dated 15.05.2017 Passed By The Commissioner Of Income Tax (Appeals) -32

For Appellant: NoneFor Respondent: Shri Gurbinder Singh (DR)
Section 143(2)Section 144Section 147