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 Sujay Kumar Shah, Kolkata vs. ITO, Ward -44(4), Kolkata

Appeal is allowed

ITA 1719/KOL/2016[2008-09]Status: DisposedITAT Kolkata28 Dec 2018AY 2008-09

Bench: Shri S.S.Godara & Shri, M. Balaganeshassessment Year :2008-09 Shri Sujay Kumar Shah V/S. Income Tax Officer, 231, M.D. Road, Ward-44(4), 3, Govt. Place, 2Nd Floor, Kokata-700 007 [Pan No.Alrps 1195 G] Kolkata-700001 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri A.K. Tulsyan, Fca अपीलाथ" क" ओर से/By Appellant Shri Robin Choudhury, Addl. Cit-Sr-Dr ""यथ" क" ओर से/By Respondent 05-12-2018 सुनवाई क" तार"ख/Date Of Hearing घोषणा क" तार"ख/Date Of Pronouncement 28-12-2018 आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2008-09 Arises Against The Commissioner Of Income Tax (Appeals)-13 Kolkata’S Order Dated 21.03.2016 In Case No.517/Cit(A)-13/Kol/W-44(4)/2014-15 Involving Proceedings U/S 144 Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. We Notice At The Outset That This Assessee’S Appeal Suffers From 55 Days Delay In Filing. He Has Filed His Condonation Petition Dated 17.04.2018 Attributing Reasons Thereof To His Auditor’S Failure In Following All Due Procedures. The Revenue’S Fair Enough In Not Disputing Correctness Of Assessee’S Solemn Averments Therein. We Therefore Condone The Impugned Delay Of 55 Days In Filing Being Neither Intentional Nor Deliberate. The Case Is Taken Up Adjudication On Merits.

Section 144Section 68

M/S Chariot Agency (P) Ltd., Kolkata vs. ITO, Ward - 6(1), Kolkata

Appeal is allowed for statistical purposes in above terms

ITA 2476/KOL/2017[2009-10]Status: DisposedITAT Kolkata26 Dec 2018AY 2009-10

Bench: Shri S.S.Godara & Shri, M. Balaganeshassessment Year :2009-10 M/S Charoit Agency (P) V/S. Income Tax Officer, Ltd., Dashadrone, Ground Ward-6(1), Aayakar Floor, Dowaripara, P.O. R. Bhawan,P-7, Goplapura, P.Baguihati, Chowringhee Square, 6Th Floor, Kolkata-69 Kolkata-700136 [Pan No.Aadcc 5568 P] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri S.M. Surana, Advocate अपीलाथ" क" ओर से/By Appellant Shri Robin Choudhury, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 03-12-2018 सुनवाई क" तार"ख/Date Of Hearing 26-12-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2009-10 Arises Against The Commissioner Of Income Tax (Appeals)-23, Kolkata’S Order Dated 20.03.2017 Passed In Case No.148/Cit(A)-23/W-6(1)/16-17 Involving Proceedings U/S 143(3) R.W.S. 144 R.W.S. 147 Rw.S. 263 Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Sides. Case File Perused. 2. This Assessee’S Sole Substantive Ground Raised In The Instant Appeal Challenges Both The Lower Authorities’ Action Treating Its Share Application / Premium Amounting To ₹5,86,15,000/- To Be Its Unexplained Cash Credits U/S 68 Of The Act. We Notice At The Outset That The Cit(A) Has Passed His Lower Appellate Order Ex Parte Against The Assessee Whilst Affirming The Assessing Officer’S Action Making The Impugned Addition. It Transpires During The Course Of Hearing That Cit(A) Had Failed To Serve The Relevant Hearing Notice At The First Instance. He Then Deputed His Office

Section 143(3)Section 250(6)Section 68

M/S. Bhawani Merchants Pvt. Ltd., Kolkata vs. ITO, Ward - 5(3), Kolkata

Appeal is allowed for statistical purposes in above terms

ITA 1395/KOL/2017[2012-13]Status: DisposedITAT Kolkata26 Dec 2018AY 2012-13

Bench: Shri J.Sudhakar Reddy & Shri S.S.Godaraassessment Year:2012-13 M/S Bhawani Merchants Income Tax Officer, बनाम / Pvt. Ltd., 9/12, Lal Bazar Ward-5(3), P-7, V/S. Street, 3Rd Floor, Chowringhee Square, Kolkata-700 001 Kolkata-69 [Pan No.Aaecb 8589 L] .. अपीलाथ" /Appellant ""यथ" /Respondent None अपीलाथ" क" ओर से/By Appellant Shri A.K.Nayaka, Cit-Dr ""यथ" क" ओर से/By Respondent 12-12-2018 सुनवाई क" तार"ख/Date Of Hearing 26-12-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2012-13 Arises Against The Commissioner Of Income Tax (Appeals)-23, Kolkata’S Order Dated 03.05.2017 Passed In Case No.104/Cit(A)-23/W-5(3)/16-17 Involving Proceedings U/S 144 Of The Income Tax Act, 1961; In Short ‘The Act’. Case Called Twice. None Appears At Assessee’S Behest Despite The Fact That The Registry Has Already Sent It An Rpad Notice Dated 31.10.2018. It Is Accordingly Proceeded Ex Parte. 2. We Now Come To Assessee’S Pleadings. It Has Raised Two Substantive Grounds In The Instant Appeal. Its Former Grievance Challenges Correctness Of Both The Lower Authorities’ Action Treating Its Share / Premium Amount Of ₹20,73,01,000/- As Unexplained Cash Credits U/S 68 Of The Act. Its Latter Substantive Ground Seeks To Delete U/S 14A R.W.S. Rule 8D Disallowance Of ₹18,650/- Made In The Course Of Assessment As Upheld In Lower Appellate Proceedings. We Find That The Assessee Had Not Put In Appearance In Lower Appellate

Section 144Section 14ASection 250(6)Section 263Section 68

Santanu Roy, Kolkata vs. ACIT, Circle - 63, Kolkata

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

ITA 1804/KOL/2018[2014-15]Status: DisposedITAT Kolkata19 Dec 2018AY 2014-15

Bench: Sh. P.M.Jagtap & Sh. S.S.Viswanethra Ravisantanu Roy, Vs Acit, 54(17/C) West Dhangarpara Circle-63, Road, South Kalia Nibas, Kolkata. Barrackpore, 24 Parkanas (N), Kolkata-700122. Pan-Ailpr1067R (Appellant) (Respondent) Appellant By Sh. T.K.Sen, Adv. Respondent By Sh. B.Das, Sr.Dr Date Of Hearing 12.12.2018 Date Of Pronouncement 19.12.2018 Order Per S.S. Viswanethra Ravithis Appeal Filed By The Assessee Against The Order Dated 13.06.2018 Passed By Cit(A)-19, Kolkata For Ay 2014-15. 2. Heard Both Parties & Perused The Material Available On Record. The Assessee Is An Individual Derives Income From Salary. The Assessee Declared His Total Income Of Rs.21,51,810/- Which Was Revised To Rs.21,80,300/-. The Ao Found That The Assessee Earned Gross Salary In U.S.A To The Extent Of 39,347.95$. A Show Cause Notice Was Issued To The Assessee Why The Said Amount Could Not Be Taken As Salary Earned From U.S.A. Instead Of Rs.10,75,152/- As Per Form No.16. For Non-Explanation, The Ao Determined The Income Of The Assessee At Rs.35,35,868/- Vide His Order Dated 09.12.2016 Passed U/S 144 Of The Income Tax Act, 1961 (In Short “Act”). It Was Submitted By The Ld.Ar That There Was No Opportunity For The Assessee To Prosecute The Grounds Raised & Passed By The Ao U/S 144 Of The Act Before The Cit(A) & It Was Decided Ex-Parte. Taking Into Consideration The Submissions Of The Ld.Ar & Ld.Dr & As Discussed Above & In The Interest Of Justice, There Was No Explanation

Section 144