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

DCIT, New Delhi vs. M/S. Mall Hotel Ltd., New Delhi

In the result, the appeal filed by the Revenue is allowed for statistical purposes

ITA 4887/DEL/2014[2010-11]Status: DisposedITAT Delhi24 Jan 2019AY 2010-11

Bench: Shri R.K. Panda & Shri K. Narasimha Charyassessment Year: 2010-11 Dcit, Vs. Mall Hotel Ltd., Circle-6(1), D-893, New Delhi. New Friends Colony, New Delhi. Pan: Aabcb0537F (Appellant) (Respondent) Assessee By : Shri Anand Kumar Pandey, Advocate Revenue By : Ms Ashima Neb, Sr.Dr Date Of Hearing : 22.01.2019 Date Of Pronouncement : 24.01.2019 Order Per R.K. Panda, Am: This Appeal Filed By The Revenue Is Directed Against The Order Dated 27Th June, 2014 Of The Cit(A)-9, New Delhi Relating To Assessment Year 2010-11. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company Engaged In The Business Of Running Hotels, Malls & Entertainment. It Filed Its Return Of Income On 14Th October, 2010 Declaring Nil Income. The Case Was Selected For Scrutiny & Statutory Notice U/S 143(2) & 142(1) Were Issued & Duly Served Upon The Assessee. In Response To The Questionnaire Issued By The Assessing Officer, The Assessee Appeared Before The Assessing Officer & Filed Various Details. However, No Books Of Account Along With Original Bills & Invoices Were Produced Before The Assessing Officer Despite Granting Repeated Opportunities. The Assessing Officer, Therefore, Rejected The Books Of Account & Completed The Assessment U/S 144 Of The It Act Wherein He Made Addition Of Rs.1,13,37,038/- On Account Of Estimated Disallowance Of Expenses, Rs.2,89,56,740/- On Account Of House Property Income As Against Business Income, Rs.30 Lakhs Out Of The Unsecured Loan Of Rs.45 Lakhs, Rs.33,12,126/- U/S 40(A)(Ia) For Non-Deduction Of Tax At Source From Payments To Various Parties & Rs.24,06,044/- On Account Of Royalty Payment Treating The Same As Capital Expenditure. The Assessing Officer Accordingly Determined The Total Income At Rs.2,85,69,124/-.

For Appellant: Shri Anand Kumar Pandey, AdvocateFor Respondent: Ms Ashima Neb, Sr.DR
Section 143(2)Section 144Section 40Section 68