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, Circle -3(1), Kolkata vs. M/S Ankit Metal & Power Ltd., Kolkata

In the result, the appeal of the revenue is dismissed

ITA 1485/KOL/2016[2008-09]Status: DisposedITAT Kolkata05 Jan 2018AY 2008-09

Bench: Shri P.M. Jagtap, Am & Shri Aby. T. Varkey, Jm] I.T.A. No. 1485/Kol/2016 Assessment Year: 2008-09 D.C.I.T, Cir-3(1), Kolkata..............................…………………………………............Appellant P-7, Chowringhee Square, Aayakar Bhawan, 4Th Floor, Room No. 19, Kolkata – 700 069 M/S. Ankit Metals & Power Ltd...……………………………………………………Respondent 35, Chittaranjan Avenue, Central Avenue, Kolkata – 700 012 [Pan: Aaeca 5230 B] Appearances By: Shri Sallong Yaden, Addl. Cit Appearing On Behalf Of The Revenue. Shri S.K. Tulsiyan, Advocate Appearing On Behalf Of The Assessee. Date Of Concluding The Hearing : January 02, 2018 Date Of Pronouncing The Order : January 05, 2018 Order Per P.M. Jagtap, Am This Appeal Is Preferred By The Revenue Against The Order Of Ld. Cit(Appeals) – 9, Kolkata Dated 18.03.2016 & In The Solitary Ground Raised Therein, The Revenue Has Challenged The Action Of The Ld. Cit(A) In Deleting The Disallowance Of Rs. 98,18,225/- Made By The A.O. On Account Of Alleged Wrong Claim Of The Assessee-Company For Excess Depreciation On Power Plant. 2. As Noted At The Outset, There Is A Delay Of 6 Days On The Part Of The Revenue In Filing This Appeal Before The Tribunal. In This Regard, The Revenue Has Filed An Application Seeking Condonation Of The Said Delay & Keeping In View The Submissions Made Therein Which Are Duly Supported By An Affidavit Filed By The Concerned Assessing

Section 143(3)Section 144Section 263

Indo Thai Flexible Tubes Ltd., Kolkata vs. DCIT, Cir-1(1), Kolkata

ITA 1048/KOL/2016[2010-2011]Status: DisposedITAT Kolkata05 Jan 2018AY 2010-2011

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year:2010-11 Indo Thai Flexible Tubes Dcit, Circle-1(1), P-7, बनाम Chowringhee Square, 7Th Ltd., 17B,Palace Court, 1, / V/S. Kyd Street, Kolkata-16 Floor, Kolkata-69 [Pan No.Aaaci 5374 E] .. अपीलाथ" /Appellant ""यथ" /Respondent Shri Subash Agarwal, Advocate अपीलाथ" क" ओर से/By Appellant Shri Arindam Bhattacherjee, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 02-01-2018 सुनवाई क" तार"ख/Date Of Hearing 05-01-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Assessee Is Against The Order Of Commissioner Of Income Tax (Appeals)-I, Kolkata Dated 17.03.2016. Assessment Was Framed By Dcit, Circle- 1, Kolkata U/S 144 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 28.03.2013 For Assessment Year 2010-11. 2. At The Outset, It Is Observed That There Was A Delay Of 432 Days On The Part Of The Assessee In Filing The Appeal Before Ld. Cit(A). Before The Ld. Cit(A) It Was Explained By The Assessee That The Professional To Whom The Appeal Filing Work Was Assigned Left The Organization Without Completing The Same. & The Assessee Was Under The Belief That The Professional Has Completed The Task Assigned To Him But Later On It Was

Section 144