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. Manrup Comtrade Pvt. Ltd., Kolkata vs. ITO, Ward - 9(1), Kolkata

Appeal is allowed for statistical purposes

ITA 1349/KOL/2018[2012-13]Status: DisposedITAT Kolkata19 Jun 2020AY 2012-13

Bench: Shri J. Sudhakar Reddy, Am & Shri S. S. Godara, Jm आयकर अपीलसं./I.T.A No.1349/Kol/2018 ("नधा"रण वष" / Assessment Year: 2012-13) M/S Manrup Comtrade Pvt. Ltd. Vs. Ito, Ward-9(1), Kolkata 5/1, Clive Row, 4Th Floor, Room No.125, Kol-1. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaocs2809N (Appellant) .. (Respondent) Appellant By : Shri Subash Agarwal, Advocate Respondent By : Shri Dhrubjyoti Ray, Dr, Jcit सुनवाईक"तार"ख/ Date Of Hearing : 16/06/2020 घोषणाक"तार"ख/Date Of Pronouncement : 19/06/2020 आदेश / O R D E R Per Shri S. S. Godara: This Assessee’S Appeal For Assessment Year 2012-13 Arises Against The Commissioner Of Income Tax (A) - 18, Kolkata Dated 06.03.2018 Passed In Case No.1115/Cit(A)-18/Kol/Wd-9(1)/2015-16/F.Slno.2069/17-18/Kol Involving Proceedings U/S 144/143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. For The Reasons Stated In Assessee’S Condonation Petition Explaining The Delay Of Attributable To Communication Gap A Compilation Of Necessary Records As Well As On Account Of No Objection From The Revenue Side, We Condone 35 Days’ Delay In Filing Of The Instant Appeal On Account Of Circumstances Beyond Control. The Case Is Now Taken For Adjudication On Merits.

For Appellant: Shri Subash Agarwal, AdvocateFor Respondent: Shri Dhrubjyoti Ray, DR, JCIT
Section 144Section 68

Shree Shree Mohanananda Samaj Seva Samity, Kolkata vs. ITO(E) WD-1(3), Kolkata

In the result, the appeal of the assessee is allowed

ITA 2650/KOL/2019[2010-11]Status: DisposedITAT Kolkata05 Jun 2020AY 2010-11

Bench: Shri P.M. Jagtap(Kz)] I.T.A. No. 2650/Kol/2019 Assessment Year: 2010-11 Shree Shree Mohanananda Samaj Seva Samity.......................................………........Appellant Ae-467, Salt Lake City, Kolkata – 700 064. [Pan: Aadts 7675 N] Vs Ito, (Exemption)Ward 1(3) Kolkata...................……………………………………….....Respondent 10B, Middleton Row, Kolkata – 700 071. Appearances By: Shri V.N. Datta, Advocate Appearing On Behalf Of The Assessee. Smt. Ranu Biswas, Addl. Cit, Sr. Dr Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : March 12, 2020 Date Of Pronouncing The Order : June 05, 2020 Order This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit(A) – 25, Kolkata Dated 18.10.2019 & The Issue Involved Therein Relates To The Disallowance Of Assessee’S Claim For Exemption Of Rs. 13,48,365/- U/S 11(2) Of The Income Tax Act, 1961. 2. The Assessee In The Present Case Is A Trust Which Is Registered U/S 12A Of The Income Tax Act, 1961. The Return Of Income For The Year Under Consideration Was Filed By The Assessee On 08.11.2010 Declaring Its Total Income At Nil. Although The Said Return Was Initially Processed By The Ao U/S 143(1) Of The Act, The Assessment Was Subsequently Reopened By Him & A Notice U/S 148 Was Issued By Him To The Assessee On 26.03.2015. In Reply, A Letter Was Filed By The Assessee Requesting That The Return Filed Originally On 08.11.2010 Be Treated As The Return Filed In Response To Notice U/S 148. As Noticed By The Ao, The Assessee Had Set Apart A Fund Of Rs. 13,48,365/- During The Year Under Consideration By Virtue Of Section 11(2) Of The Act. In 2 I.T.A. No. 2650/Kol/2019 Assessment Year: 2010-11 Shree Shree Mohanananda Samaj Seva Samity

Section 11(2)Section 12ASection 143(1)Section 143(3)Section 144Section 148