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

Shri Praveen Kumar, Jaipur vs. ITO, Ward-6(2), Jaipur

In the result, this appeal of the assessee is allowed

ITA 1176/JPR/2019[2010-11]Status: DisposedITAT Jaipur24 Feb 2021AY 2010-11

Bench: Shri Sandeep Gosain, Jm & Shri Vikram Singh Yadav, Am Vk;Dj Vihy La-@Ita No. 1176/Jp/2019 Fu/Kzkj.K O"Kz@Assessment Year :2010-11 Shri Praveen Kumar, Cuke I.T.O. Vs. B-9, Sundar Nagar, Patel Marg- Ward 6(2) West, Mansarovar, Jaipur. Jaipur. Lfkk;H Ys[Kk La-@Thvkbzvkj La-@Pan/Gir No.: Azhpk 8063 B Vihykfkhz@Appellant Izr;Fkhz@Respondent Fu/Kzkfjrh Dh Vksj Ls@ Assessee By : Shri S.S. Choudhary (Ca) Jktlo Dh Vksj Ls@ Revenue By : Smt. Monisha Choudhary (Addl.Cit) Lquokbz Dh Rkjh[K@ Date Of Hearing : 08/02/2021 Mn?Kks"K.Kk Dh Rkjh[K@ Date Of Pronouncement : 24/02/2021 Vkns'K@ Order Per: Sandeep Gosain, J.M. This Is An Appeal Filed By The Assessee Against The Order Of Ld. Cit(A)- 2, Jaipur Dated 22/07/2019 For The A.Y. 2010-11 In The Matter Of Order Passed U/S 147/144 Of The Income Tax Act, 1961 (In Short, The Act), Wherein Following Grounds Have Been Taken. “1. The Ld. Cit(A)-2 Has Grossly Erred In Law As Well As In Facts In Addition Of Amount Of Rs. 11,31,800/-. Ld. Cit(A)-2 Has Grossly Erred In Law As Well As In Facts For Not Appreciating The Documents/Information Furnished During The Course Of Proceedings & It Is Liable To Be Quashed. 2. Order U/S 147/144 Of The Income Tax Act, 1961 Is Completely Perverse & Baseless & Is Liable To Be Quashed.

For Appellant: Shri S.S. Choudhary (CA)For Respondent: Smt. Monisha Choudhary (Addl.CIT)
Section 144Section 147Section 148

Harish Kumar, Ghaziabad vs. ITO Ward - 1(3), Ghaziabad

In the result, the grounds raised by the assessee are allowed for statistical purposes

ITA 5902/DEL/2019[2010-11]Status: DisposedITAT Delhi18 Feb 2021AY 2010-11

Bench: Shri R.K. Pandaassessment Year: 2010-11 Harish Kumar, Vs Ito, C/O Raman Sharma, Advocate, Ward-1(3), 117, Ff, Navyug Market, Ghaziabad. Ghaziabad. Uttar Pradesh. Pan: Bcepk4087J (Appellant) (Respondent) Assessee By : Shri Rohit Tiwari, Advocate Revenue By : Shri Farath Khan, Sr. Dr Date Of Hearing : 18.02.2021 Date Of Pronouncement : .02.2021 Order Per R.K. Panda, Am: This Appeal Filed By The Assessee Is Directed Against The Order Dated 28Th February, 2019 Of The Cit(A), Ghaziabad, Relating To Assessment Years 2010-11. 2. Facts Of The Case, In Brief, Are That The Assessee Is An Individual. Information Was Obtained By The Ao As Per Air Information That The Assessee Has Deposited An Amount Of Rs.17,57,500/- In The Savings Bank Account During F.Y. 2009-10. To Verify The Genuineness Of The Transaction, Verification Letters Dated 29Th April, 2016 & 20Th January, 2017 Were Issued To The Assessee At The Address Given By The Filer. Since There Was No Compliance To The Notice Issued By The Ao, He Reopened The Assessment Invoking The Provisions Of Section 147 Of The Act After Obtaining Necessary Approval U/S 151 From The Appropriate Authority & Statutory Notice U/S 148 Dated 24Th March, 2017 Was Issued To The Assessee On His Last Known Address. There Was No Compliance From The Side Of The Assessee Despite Number Of Opportunities Granted. Only On 26Th May, 2017 The Assessee Appeared & Sought Adjournment Which Was Duly Granted By The Ao. Since There Was Non-Appearance From The Side Of The Assessee Thereafter, The Ao Made Addition Of Rs.17,57,500/- To The Total Income Of The Assessee U/S 69 In The Ex Parte Order Passed By Him. Before The Cit(A), The Assessee Filed An Application Under Rule 46A For Admission Of Certain Additional Evidence. However, The Ld.Cit(A) Rejected The Additional Evidences Filed Before Him & Dismissed The Appeal Filed By The Assessee.

For Appellant: Shri Rohit Tiwari, AdvocateFor Respondent: Shri Farath Khan, Sr. DR
Section 144Section 147Section 148Section 151Section 46ASection 69