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

M/S Baba Lokenath Rice Mill, Dakshin Dinajpur vs. DCIT, CC-Xxvii, Kolkata

In the result, the appeals of the assessee (in ITA Nos

ITA 792/KOL/2016[2006-07]Status: DisposedITAT Kolkata06 Dec 2017AY 2006-07

Bench: Shri N. V. Vasudevan, Jm & Dr. A.L. Saini, Am आयकर अपील सं./Ita Nos.792 To 798/Kol/2016 (िनधा"रण वष" / Assessment Years: 2006-07 To 2012-13) M/S. Baba Lokenath Rice Mill Vs. Dcit, Cc-Xxvii, Kolkata Hilli, Dist. – Dakshin Dinajpur. Aayakar Bhawan Purva, 110, Shanti Palli, E.M. By-Pass, Kolkata – 700 107. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aacfb 8831 C (Appellant) .. (Respondent) Appellant By :Shri Avijit Dey, Advocate Respondent By :Shri A.K. Tiwari, Cit सुनवाई क" तारीख / Date Of Hearing : 28/11/2017 घोषणा क" तारीख/Date Of Pronouncement : 06/12/2017 आदेश / O R D E R Per Bench: These Captioned Seven Appeals Filed By The Assessee, Pertaining To Assessment Years 2006-07 To 2012-13, Are Directed Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals) – 21, Kolkata In Appeal No.392/Dcit,Cc-4(3),Kol/Cit(A)-21/Kol/14-15 Dated 17.02.2016, Confirming The Penalty Levied By The Ao Of Rs.20,000/- U/S 271(1)(B) Of The Income Tax Act, 1961. 2. These Seven Appeals Relate To The Same Assessee, Different Assessment Years, Identical Issues Are Involved, Therefore, These Have Clubbed & Heard Together & A Consolidated Order Is Being Passed For The Sake Of Convenience & Brevity. 3. Appeal Of The Assessee In Ita No.792/Kol/2016 Assessment Year 2006-07 Is Taken As A Lead Case. 4. The Grounds Of Appeal Raised By The Assessee (In Lead Case In Ita No.792/Kol/2016) Are As Under: “1. For That On The Facts & In The Circumstances Of The Case, The Ld. Cit(A) Was Not Justified In Confirming The Penalty To The Tune Of Rs.20,000/- Imposed By The Ao U/S 271(1)(B) Of The Act. 2. For That The Ld. Cit(A) Ought To Have Deleted The Entire Penalty Of Rs.20,000/- Imposed U/S 271(1)(B) Since The Assessee Was Prevented By Reasonable Cause For Non-Appearance During The Course Of Assessment Proceedings.

For Appellant: Shri Avijit Dey, AdvocateFor Respondent: Shri A.K. Tiwari, CIT
Section 132(1)Section 142(1)Section 143(3)Section 144Section 271(1)(b)

Sujali Tradelink Pvt. Ltd., Kolkata vs. ITO, WD-5(1), Kolkata

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

ITA 776/KOL/2016[2008-09]Status: DisposedITAT Kolkata29 Nov 2017AY 2008-09

Bench: Shri N. V. Vasudevan, Jm & Dr. A.L.Saini, Am आयकरअपीलसं./Ita No.776/Kol/2016 (िनधा"रणवष" / Assessment Year: 2008-09) Sujali Tradelink (P) Ltd. Vs. Ito, Ward-5(1), Kolkata 7/1A, Grant Lane, Ganapati P-7, Chowringhee Square, Tower, 3Rd Floor, Room No.310, Kolkata– 69. Kolkata 0 700 012. "थायीलेखासं./जीआइआरसं./Pan/Gir No. :Aakcs 6637 A (Appellant) .. (Respondent) Appellant By : Shri Chirag Desai, Staff Respondent By : Shri Arindam Bhattacharjee, Addl. Cit सुनवाईकीतारीख/ Date Of Hearing : 20/11/2017 घोषणाकीतारीख/Date Of Pronouncement : 29/11/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2008-09, Is Directed Against The Order Passed By The Ld Commissioner Of Income Tax (Appeals)-2, Kolkata In Appeal No.1566/Cit(A)-2/2014-15,Dated 08.02.2016, Which In Turn Arises Out Of Assessment Order Passed By The Assessing Officer U/S 263/144 Of The Income Tax Act, 1961 (Hereinafter Referred To As The ‘Act’), Dated 30.03.2014. 2. At The Outset, Itself The Ld.Ar Pointed Out The Impugned Order Is An Ex Parte Order & Therefore, The Assessee Could Not Plead His Case Before The Ld. Cit(A) , He Prayed That The Matter May Be Remanded Back To The File Of The Cit(A) For Fresh Adjudication. The Ld. Dr Did Not Have Any Objection If The Matter Is Remitted Before The Ld. Cit(A). We Note That The Assessment Was Carried Out U/S 263/144 Of The Act & The Impugned Order Is An Ex Parte Order. We Do Not Wish To Make Any Comments On The Merits Of The Grounds Raised By The Assessee.

For Appellant: Shri Chirag Desai, StaffFor Respondent: Shri Arindam Bhattacharjee, Addl. CIT
Section 263