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

ITO, Ward - 1(1), Kolkata vs. M/S. Amba High-Rise Pvt. Ltd., Kolkata

In the result, Revenue’s appeal stands dismissed

ITA 2291/KOL/2010[2007-08]Status: DisposedITAT Kolkata27 Apr 2018AY 2007-08

Bench: Shri N.V.Vasudevan & Shri Waseem Ahmedassessment Year :2007-08 Income Tax Officer, V/S. M/S Amba High-Rise Pvt. Ward-1(1), P-7, Ltd., 68/2, Harish Chowringhee Square, Mukherjee Road, 7Th Floor, Kolkata-69 Kolkata-25 [Pan No.Aafca 7094 L] .. अपीलाथ" /Appellant ""यथ"/Respondent Shri S. Dasgupta, Addl. Cit-Dr अपीलाथ" क" ओर से/By Appellant Shri S.S. Gupta, Fca ""यथ" क" ओर से/By Respondent 14-02-2018 सुनवाई क" तार"ख/Date Of Hearing 27-04-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Revenue Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-I, Kolkata Dated 15.09.2010. Assessment Was Framed By Ito Ward-1(1), Kolkata U/S 144 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 31.12.2009 For Assessment Year 2007-08 By Taking The Following Effective Grounds Of Appeal:- “1. On The Fact & In The Circumstances Of The Case As Well As In Law, The Ld. Cit(A) Erred In Deleting The Addition Of Interest Received On Bank Deposits To The Extent Of Rs.62,57,436/- As Income From Other Sources. 2. On The Facts & In The Circumstances Of The Case As Well As In Law, The Ld. Cit(A) Erred In Deleting The Addition Of Capital Expenditure Claimed Under The Head Loan Syndication Charges Of Rs.1,26,27,000/- 3. On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Erred In Deleting The Disallowance Interest Expenses Of Rs.86,90,220/- On Account Of Term Loan From Central Bank Of India Which Was Not

Section 144Section 194L

Maniga Jewellery, Coimbatore vs. ACIT Non Corporate Circle 2, Coimbatore

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

ITA 1692/CHNY/2017[2012-13]Status: DisposedITAT Chennai27 Apr 2018AY 2012-13

Bench: Shri Abraham P. George & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A.No.1692/Chny/2017 "नधा"रण वष"/Assessment Year:2012-13 M/S. Maniga Jewellery The Assistant Commissioner Of Represented By Its Erstwhile Partner Vs. Income Tax, Smt. A. Deepa, No. 208, Gowtham Non Corporate Circle 2, Arcade, 2Nd Floor, T V Samy Road, Coimbatore. R.S. Puram, Coimbatore 641 002. [Pan: Aaofm5053D] (अपीलाथ" /Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से / Appellant By : Shri N.V. Balaji, Advocate ""यथ" क" ओर से/Respondent By : Smt. Vijayaprabha, Jcit सुनवाई क" तार"ख/ Date Of Hearing : 12.04.2018 घोषणा क" तार"ख /Date Of Pronouncement : 27.04.2018 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 2, Coimbatore, Dated 31.03.2017 Relevant To The Assessment Year 2012-13. Besides Raising Various Grounds In The Grounds Of Appeal, The Ld. Counsel For The Assessee Mainly Argued That The Assessee Was Not Given Sufficient

For Appellant: Shri N.V. Balaji, AdvocateFor Respondent: Smt. Vijayaprabha, JCIT
Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 44A

The Asst. CIT, Rajamahendravaram vs. Ms. Costal Automobiles Pvt.Ltd., Rajamahendravaram

In the result, the appeal filed by the revenue is allowed for

ITA 157/VIZ/2017[2012-2013]Status: DisposedITAT Visakhapatnam26 Apr 2018AY 2012-2013

Bench: Shri V. Durga Rao & Shri D.S. Sunder Singhआयकर अपील सं./I.T.A.No.157/Vizag/2017 ("नधा"रण वष" / Assessment Year: 2012-13) Acit, Circle-2(1) M/S. Coastal Automobiles Pvt.Ltd. Rajamahendravaram Rajamahendravaram [Pan No.Aabcc5287H] (अपीलाथ' / Appellant) (()याथ' / Respondent) C.O.No.76/Vizag/2017 आयकर अपील सं./I.T.A.No.157/Vizag/2017 ("नधा"रण वष" / Assessment Year: 2012-13) M/S. Coastal Automobiles Pvt.Ltd. Acit, Circle-2(1) Rajamahendravaram Rajamahendravaram (अपीलाथ' / Appellant) (()याथ' / Respondent) अपीलाथ" क" ओर से / Appellant By : Shri V. Appala Raju, Dr : Shri G.V.N. Hari, Ar ""याथ" क" ओर से / Respondent By सुनवाई क" तार"ख / Date Of Hearing : 24.04.2018 : 26.04.2018 घोषणा क" तार"ख / Date Of Pronouncement आदेश / O R D E R Per D.S. Sunder Singh: This Appeal Filed By The Revenue Is Directed Against Order Of The Commissioner Of Income Tax (Appeals)-2, Guntur Vide Appeal No.150/2015-16 Dated 5.1.2017 For The Assessment Year 2012-13. The Cross Objection Filed By The Assessee Is In Support Of The Order Passed By The Cit(A)-2, Guntur. M/S. Coastal Automobiles Pvt. Ltd., Rajamahendravaram 2. The Revenue Has Filed The Following Grounds Of Appeal:

For Appellant: Shri V. Appala Raju, DR
Section 143(3)Section 144

Salasar Exim Limited, Hooghly vs. ITO, Ward 3(2), Kolkata

In the result, for statistical purposes, the appeal of assessee stands allowed in terms of above

ITA 544/KOL/2017[2012-13]Status: DisposedITAT Kolkata25 Apr 2018AY 2012-13

Bench: Hon’Ble Shri Waseem Ahmed, Am & Shri S.S.Viswanethra Ravi, Jm ] Assessment Year : 2012-13 Salasar Exim Limited -Versus- I.T.O., Ward-3 (2) Kolkata Kolkata (Pan: Aaics 8273 N) (Appellant) (Respondent) For The Appellant: Shri Somnath Ghosh, Advocate For The Respondent: Shri Arindam Bhattcharjee, Addl. Cit Date Of Hearing : 05.04.2018. Date Of Pronouncement : 25/04/2018 Order Per Waseem Ahmed, Am: This Appeal By The Assessee For Assessment Year 2012-13 Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-1, Kolkata Dated 31.01.2017. 2. We Have Heard Both The Counsels Appearing For Both The Parties & Perused The Documents Filed Before Us. We Have Gone Through The Ex Parte Order Passed By Cit(A). It Appears From The Said Order That The Date Of Hearing Was Fixed On 15.12.2016 But A Letter Was Filed By The Ar Requesting For An Adjournment. The Case Was Adjourned To 06.01.2017. Again, The Ar For Assessee Sought For An Adjournment & The Case Was Further Fixed For Hearing For 24.01.2017. But On That Day Neither Anybody Appeared Nor Application For Adjournment On Behalf Of The Assessee Was Made. It Appeared From The Impugned Order That None Appeared On Behalf Of The Assessee As Well As On Behalf Of The Revenue Before Cit(A) While Disposing Of This Appeal. 3. On Perusal Of The Order Of Cit(A) We Find That The Ld. Cit(A) Confirmed The Action Of The Ao Without Mentioning Any Reason For Confirming The Same On Merit. We Also Find The Assessment Order Was Passed By The Ao Ex-Parte Under Section 144 Of The Act. Though The Opportunity Of Hearing Was Extended By The Ao For Personal Appearance Or Producing Share Applicants For Cross Examination But The Assessee Did

For Appellant: Shri Somnath Ghosh, AdvocateFor Respondent: Shri Arindam Bhattcharjee, Addl. CIT
Section 144

Skm Housing Pvt. Ltd., Howrah vs. ITO, Ward 13(4), Kolkata

In the result, the appeal of the assessee is dismissed for non- prosecution

ITA 812/KOL/2017[2012-13]Status: DisposedITAT Kolkata24 Apr 2018AY 2012-13

Bench: Shri S.S. Viswanethra Ravi, Jm & Dr. A.L.Saini, Am Skm Housing Private Limited Vs. Ito, Ward-13(4), Kolkata 110, Shantipally, 9Th Fllor, 265, G.T. Road, Liluah, Howrah – 711204. R.No.906, Em Bye Pass, Kolkata – 700 107. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aalcs 5833 M (अपीलाथ" /Appellant) (""यथ" / Respondent) .. Appellant By : None Revenue By : Shri A. Bhattacharjee, Addl. Cit सुनवाई क" तार"ख / Date Of Hearing : 24/04/2018 घोषणा क" तार"ख/Date Of Pronouncement: 24/04/2018 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2012-2013, Is Directed Against The Order Passed By Ld. Commissioner Of Income Tax (Appeals)-5, Kolkata Dated 02.01.2017. 2. Notice Of Hearing Of This Appeal Was Sent To The Assessee At The Address Given By The Assessee In Form No.36. The Said Notice Has Not Been Returned Unserved. This Appeal Was Listed For Hearing Before The Tribunal On 24.04.2018. Today I.E. On 24.04.2018 When The Case Was Called For Hearing, None Appeared On Behalf Of The Assessee Nor Any Request For Adjournment Was Made. It Means That Assessee Is Not Interested In Prosecuting This Appeal. Hence The Appeal Filed By The Assessee Is Liable To Be Dismissed For Non Prosecution. For This View We Find Support From The Following Decisions :- (1). In The Case Of Cit Vs B.N.Bhattachrgee & Another, Reported In 118 Itr 461 [Relevant Pages 477 & 478] Wherein Their Lordships Have Held That : “The Appeal Does Not Mean Merely Filing Of The Appeal But Effectively Pursuing It.”

For Appellant: NoneFor Respondent: Shri A. Bhattacharjee, Addl. CIT
Section 144