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 Vasantbhai Haribhai Patel, Vapi vs. The Income Tax Officer, Ward-9, Vapi

In the result, ground no 2 of the appeal is allowed

ITA 2443/AHD/2016[2007-08]Status: DisposedITAT Surat03 Sept 2020AY 2007-08

Bench: Shri Pawan Singh & Dr. Arjun Lal Saini(Virtual Court Hearing ) Nirmalaben Vasanthbhai Patel Vs Income Tax Officer, L/ H Of Vasanthbhai Patel, Ward No.-9, Wapi, Gujarat ‘Sneh’Desai Streat, At Post Office Salvav, Vapi, District Valsad, Gujarat. Email: Hardikvora.Ca@Gmail.Com Pan : Accpp2166L Appellant Respondednt Appellant By Sh. Hardik Vora Ar Advocate Respondent By Sh. O.P Meena Sr-Dr Date Of Hearing 03/09/2020 Date Of Pronouncement 03 /09/2020 O R D E R Per Pawan Singh, Judicial Memebr : 1. This Appeal By Assessing Is Directed Against The Order Commissioner Of Income Tax (Appeals) [Cit(A)], Valsad, Gujarat Dated 23Rd August 2016, Which Arises From Assessment Order Passed Under Section 144 Read With Section 147 Income Tax Act Dated 12Th March 2015 For Assessment Year 2007-08. The Assessee Has Raised Following Grounds Of Appeal; (I) On The Facts & The Circumstances Of The Case As Well As On The Subject The Assessing Officer Has Erred In Issuing The Notice Under Section 147 Of The Act & Consequently Finalizing The Assessment Under Section 144 Rws 147 Of The Act. (Ii) On The Facts & Circumstances Of The Case As Well As In The Subject, The Learned Cit(A) Erred In Not Accepting Additional Evidences Under Rule 46A Of The Income Tax Rules.

Section 142(1)Section 144Section 147Section 148Section 68

DCIT CC -4(1), Central Range-4, Mumbai vs. Hitesh S. Mehta, Mumbai

In the result, the appeal filed by the assessee is hereby allowed and the appeal filed by the revenue is hereby dismissed

ITA 6026/MUM/2017[1992-93]Status: DisposedITAT Mumbai31 Aug 2020AY 1992-93

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.6026/Mum/2017 (निर्धारण वर्ा / Assessment Year: 1992-93) Dcit, Central Circle-4(1) बिधम/ Hitesh S. Mehta Central Range-4, Mumbai. 32 Madhuli, Dr. A.B.Rd, Vs. Pr. Cit(2), Mumbai Worli, Mumbai-400018. Room No.1916, 19Th Floor, Air India Building, Nariman Point, Mumbai-400021. आयकर अपील सं/ I.T.A. No.5190/Mum/2017 (निर्धारण वर्ा / Assessment Year: 1992-93) Hitesh S. Mehta बिधम/ Acit, Central Circle-4(1) 32 Madhuli, Dr. A.B.Rd, Air India Building, Nariman Vs. Worli, Mumbai-400018. Point, Mumbai-400021. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abapm4491J (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Vijay Mehta / Shri Dharmesh Shah Revenue By: Dr. P. Daniel सुनवाई की तारीख / Date Of Hearing: 31/08/2020 घोषणा की तारीख /Date Of Pronouncement: 31/08/2020 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue As Well As Assessee Have Filed The Above Mentioned Appeals Against The Order Dated 29.06.2017 Passed By The Commissioner Of Income Tax (Appeals) -52, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.1992-93. Ita. No.5190/Mum/2017 6026/M/2017 A.Y.1992-93 2. The Assessee Has Filed The Present Appeal Against The Order Dated 29.06.2017 Passed By The Commissioner Of Income Tax (Appeals) -52, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.1992- 93. 3. The Assessee Has Raised The Following Grounds: -

For Appellant: Shri Vijay Mehta / ShriFor Respondent: Dr. P. Daniel
Section 139Section 142(1)Section 144Section 234ASection 234BSection 254Section 80L

Hitesh S. Mehta, Mumbai vs. Assistant Commissioner of Income Tax Central Circle - 4(1), Mumbai

In the result, the appeal filed by the assessee is hereby allowed and the appeal filed by the revenue is hereby dismissed

ITA 5190/MUM/2017[1992-93]Status: DisposedITAT Mumbai31 Aug 2020AY 1992-93

Bench: Shri Rajesh Kumar, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.6026/Mum/2017 (निर्धारण वर्ा / Assessment Year: 1992-93) Dcit, Central Circle-4(1) बिधम/ Hitesh S. Mehta Central Range-4, Mumbai. 32 Madhuli, Dr. A.B.Rd, Vs. Pr. Cit(2), Mumbai Worli, Mumbai-400018. Room No.1916, 19Th Floor, Air India Building, Nariman Point, Mumbai-400021. आयकर अपील सं/ I.T.A. No.5190/Mum/2017 (निर्धारण वर्ा / Assessment Year: 1992-93) Hitesh S. Mehta बिधम/ Acit, Central Circle-4(1) 32 Madhuli, Dr. A.B.Rd, Air India Building, Nariman Vs. Worli, Mumbai-400018. Point, Mumbai-400021. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abapm4491J (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Vijay Mehta / Shri Dharmesh Shah Revenue By: Dr. P. Daniel सुनवाई की तारीख / Date Of Hearing: 31/08/2020 घोषणा की तारीख /Date Of Pronouncement: 31/08/2020 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue As Well As Assessee Have Filed The Above Mentioned Appeals Against The Order Dated 29.06.2017 Passed By The Commissioner Of Income Tax (Appeals) -52, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.1992-93. Ita. No.5190/Mum/2017 6026/M/2017 A.Y.1992-93 2. The Assessee Has Filed The Present Appeal Against The Order Dated 29.06.2017 Passed By The Commissioner Of Income Tax (Appeals) -52, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.1992- 93. 3. The Assessee Has Raised The Following Grounds: -

For Appellant: Shri Vijay Mehta / ShriFor Respondent: Dr. P. Daniel
Section 139Section 142(1)Section 144Section 234ASection 234BSection 254Section 80L

Bharat Bhusan Deo, Jajpur vs. ACIT, Circle-1(1), Cuttack

In the result, the appeal of assessee is dismissed

ITA 95/CTK/2016[2007-08]Status: DisposedITAT Cuttack28 Aug 2020AY 2007-08

Bench: Shri C.M. Garg, Jm & Shri L.P. Sahu, Am आयकर अऩीऱ सं./Ita No.95/Ctk/2016 (नििाारण वषा / Assessment Year :2007-2008) Sri Bharat Bhusan Deo, Vs. Acit, Circle-1(1), Cuttack At/Po: Baragadia, Dist-Jajpur Pan No. : Aatpd 6411 H (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri G. Nayak, Ar राजस्व की ओर से /Revenue By : Shri Subhendu Datta, Dr सुनवाई की तारीख / Date Of Hearing : 25/08/2020 घोषणा की तारीख/Date Of Pronouncement : 31/08/2020 आदेश / O R D E R Per L.P.Sahu, Am: This Is An Appeal Filed By The Assessee Against The Order Passed By The Cit(A), Cuttack, Dated 22.01.2016 For The Assessment Year 2007- 2008 On The Following Grounds :- 1. The Order Of Assessment As Well As The Appellate Order Is Against Law, Weight Of Evidences & Probabilities Of The Case. 2. The Learned Assessing Officer Most Arbitrarily Added To The Total Income Of The Assessee The Amount Of Rs.29,00,000/- Received As Loan On Different Dates From Friends, Relatives & Staff At The Time Of Constraint Of Funds & Utilized In The Business Of M/S Chaitanya Minerals, A Proprietory Concern Of Shri Bharat Bhusan Deo, For The Running & Survival Of The Business, Without Considering The Facts & Circumstances Under Which The Same Was Taken. 3. The Learned Assessing Officer Most Arbitrarily Added The Amount Of Rs.29,00,000/-U/S 68 Of The Income Tax Act As Income From Undisclosed Source Without Accepting The Fact Of Creditworthiness Of The Persons Giving Loans & The Genuineness Of The Transactions.

For Appellant: Shri G. Nayak, ARFor Respondent: Shri Subhendu Datta, DR
Section 142(1)Section 144Section 271(1)(b)Section 68