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

Pankaj Dua, New Delhi vs. ACIT, New Delhi

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

ITA 517/DEL/2015[2005-06]Status: DisposedITAT Delhi18 Jun 2018AY 2005-06

Bench: Shri R.K. Panda & Ms. Suchitra Kamblepankaj Dua Vs Acit 10/45, Geeta Colony, Circle 36(1) New Delhi. New Delhi. Pan No. Akppd9635F Appellant Respondent Appellant/ Assessee By Sh. Ashish, Ca Respondent/ Revenue By Sh. Atiq Ahmed, Sr. Dr Date Of Hearing 13.06.2018 Date Of Pronouncement 18.06.2018 Order Per Suchitra Kamble, Jm This Appeal Is Filed By The Assessee Against The Order Dated 13.11.2014 Passed By The Cit(Appeals)-Xxvii, New Delhi For Ay 2005-06. 2. The Grounds Of Appeal Are As Under: 1. “That On The Facts & Circumstances Of The Case & In Law, Both The Lower Authorities I.E. Ao & Cit (A), Have Erred In Imposition Of Penalty U/S 271(1)(C) Of The Income Tax Act, 1961 & As Such The Order Impugned Herein Under May Kindly Be Held As Bad In Law & The Penalty Imposed Of Rs. 7,86,046/- May Kindly Be Deleted. 2. That Without Prejudice, The Penalty U/S 271(1)(C ) Has Been Imposed On Presumptive Basis Without Any Satisfaction Or Without There Being Any Concealment Of Income Or Filing Of Inaccurate Particulars. The Penalty U/S 271(1)(C ) Of Rs. 7,86,046/- May Thus Be Deleted. 3. That On The Facts & Circumstances Of The Case & In Law, The Ao Has Erred In Not Appreciating The Submissions Submitted During The Course Of Penalty Proceedings & Also In Not Stating As To The How & To What Extent The Submissions Of The Assessee Are Not Considered. As Such Penalty Of Rs. 7,86,046/- U/S 271(1)(C ) Of The Act May Kindly Be Deleted.

Section 143(3)Section 144Section 271(1)Section 271(1)(c)Section 274Section 275(1)(a)

M/S. Jagadamba Dealcom Pvt. Ltd., Kolkata vs. ITO, Ward-6(2), Kolkata

Appeal is allowed for statistical purpose

ITA 983/KOL/2017[2008-09]Status: DisposedITAT Kolkata13 Jun 2018AY 2008-09

Bench: Shri S.S.Godara & Dr. A.L. Sainiassessment Year :2008-09 M/S Jgadamba Dealcom V/S. Income Tax Officer, Pvt. Ltd., 3/1A, Alipore Ward-6(2), Aayakar Park Road, 4Th Floor, Bhawan, P-7, Suite-4A, Kolkata-27 Chowringhee Square, [Pan No.Aabcj 9653 Q] Kolkata-69 .. अपीलाथ" /Appellant ""यथ"/Respondent Shri Ravi Tulsiyan, Advocate अपीलाथ" क" ओर से/By Appellant G. Hangshing, Cit-Dr ""यथ" क" ओर से/By Respondent 06-06-2018 सुनवाई क" तार"ख/Date Of Hearing 13-06-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per S.S.Godara:- This Assessee’S Appeal For Assessment Year 2008-09 Arises Against Commissioner Of Income Tax (Appeals)-6, Kolkata’S Order Dated 09.03.2017 Passed In Case No.298/Cit(A)-6/Kol/2015-16, Ex Parte Affirming Assessing Officer’S Action Adding Unexplained Share Capital Amount Of ₹7,65,00,000/- In Assessment Order Dated 19.03.2014 Involving Proceedings U/S. 144/263 Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. We Come To The Relevant Facts Pertaining To Above Sole Issue Of Section 68 Unexplained Share Capital Addition Of ₹7,65,00,000/- Lakh. This Assessee Is A Company Engaged In Investment & Share Trading Business. It Filed Its Return On 25.03.2009 Stating Nil Income. The Same Stood Processed. The Assessing Officer Thereafter Formed Reasons To Believe That Assessee’S

Section 131Section 133(6)Section 144Section 148Section 14ASection 263Section 68

Neera Mahajan, New Delhi vs. ITO, Ward- 54(5), New Delhi

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

ITA 1535/DEL/2018[2008-09]Status: DisposedITAT Delhi12 Jun 2018AY 2008-09

Bench: Sh. N. K. Sainiita No. 1535/Del/2018 : Asstt. Year : 2008-09 Neera Mahajan, Vs Income Tax Officer, M-11, 3Rd Floor, Lajpat Nagar- Ward-54(5) Iii, New Delhi-110024 New Delhi (Appellant) (Respondent) Pan No. Ahvpm2255P Assessee By : Smt. Neera Mahajan Malik, Assessee & Aoorp K. Gupta, Ca Revenue By : Sh. B. R. Mishra, Sr. Dr Date Of Hearing : 05.06.2018 Date Of Pronouncement : 12.06.2018 Order This Is An Appeal By The Assessee Against The Order Dated 14.07.2016 Of Ld. Cit(A)-18, New Delhi. 2. Following Grounds Have Been Raised In This Appeal: “1. That Under The Facts & Circumstances Of The Case, The Commissioner Of Income Tax (Appeals)-18 Was Not Justified In Allowing The Addition Of Rs.1,75,000/- On Account Of Unexplained Investment Made In Purchasing Property At Laldora Of Mundaka Village, New Delhi. The Source Was Cash Received From Sale Of Jewellery On 4/10/2006 For Rs.2 Lakh, The Confirmation Of Which Has Been Filed Us The Jewellery Before The Ao In The Remand Proceedings. 2. As Regards Payment Of Rs. 1,75,000/- The Addition Was Confirmed By The Commissioner Of Income Tax (Appeals)- 18, He Was Not Able To Co-Relate The Payment With Source Of Sale Of Jewellery On 04/10/2006 For Rs. 2 Lakh.

For Appellant: Smt. Neera Mahajan Malik, AssesseeFor Respondent: Sh. B. R. Mishra, Sr. DR
Section 144