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

Yashwant Singh Thakur, Kalahandi vs. DCIT, Circle-1(1), Bhubaneswar

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

ITA 213/CTK/2016[2011-12]Status: DisposedITAT Cuttack12 Oct 2017AY 2011-12

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अपीऱ सं./Ita No.213/Ctk/2016 (नििाारण वषा / Assessment Year :2011-2012) Yashwant Singh Thakur, Vs. Dcit, Circle-1(1), Irrigation Colony, Bhubaneswar Bhawanipatna, Kalahandi (Odisha)-766001 स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Aaupt 3006 D (अपीऱाथी /Appellant) (प्रत्यथी / Respondent) .. निर्ााररती की ओर से /Assessee By : None राजस्व की ओर से /Revenue By : Shri D.K.Pradhan, Citdr सुनवाई की तारीख / Date Of Hearing : 12/10/2017 घोषणा की तारीख/Date Of Pronouncement 12/10/2017 आदेश / O R D E R Per Shri Pavan Kumar Gadale, Jm: The Assessee Has Filed An Appeal Against The Order Of Cit(A)-1, Bhubaneswar, Passed In Itappeal No.0407/14-15, Dated 24.02.2016, U/S.144 Of The Income Tax Act. 2. This Appeal Came For Hearing Today I.E. On 12.10.2017. The Notice Was Sent To The Assessee For Hearing By Registered Post With Ad On 15.09.2017 To The Address Given By The Assessee In Column No.10 Of Form No.36. However No One Was Present On Behalf Of The Assessee On The Date Of Hearing. It Means That Assessee Is Not Interested To Prosecute The 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 :-

For Appellant: NoneFor Respondent: Shri D.K.Pradhan, CITDR
Section 144

Subash Chandra Sutar, Cuttack vs. ACIT, Circle-2(2), Cuttack

In the result, appeal of the assessee is dismissed

ITA 135/CTK/2016[2010-11]Status: DisposedITAT Cuttack12 Oct 2017AY 2010-11

Bench: Shri N.S.Saini, Am & Shri Pavan Kumar Gadale, Jm आयकर अपील सं./Ita No.135/Ctk/2016 (धनधाारण वषा / Assessment Year :2010-2011) Shri Subash Chandra Sutar, Vs. Acit, Circle-2(2), Prop: Slaa Suppliers, Cuttack Talagarh, Nataj, Cuttack स्थायी लेखा सं./जीआइआर सं./ Pan/Gir No. : Alaps 5188 C (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) निर्ााररती की ओर से /Assessee By : Shri B.R.Panda, Ar राजस्व की ओर से /Revenue By : Shri Kunal Singh, Citdr सुनवाई की तारीख / Date Of Hearing : 11/10/2017 घोषणा की तारीख/Date Of Pronouncement 12/10/2017 आदेश / O R D E R Per Shri Pavan Kumar Gadale, Jm: The Assessee Has Filed An Appeal Against The Order Of Cit(A), Berhampur, Camp : Bhubaneswar, In Appeal No.0250/12-13, Dated 07.03.2014, Passed U/S.144/250 Of The Income Tax Act, 1961 For The Assessment Year 2010-2011, Wherein The Assessee Has Raised The Following Grounds :- 1. For That The Orders Of The Forums Below Are Improper, Excessive & Contrary To The Facts & Circumstances Of The Case. 2. For That The L.A.O. Even Though The Profit Was Determined In Estimate Basis After Rejecting The Books Of Accounts, The Claim Of Depreciation Should Have Been Allowed From The Net Profit Separately On The Basis Of The Circular Of The C.B.D.T. Therefore, The Order Passed Inflating The Income Is Liable To Be Reduced Accordingly. 3. For That, The Ld. Cit (A) Has Erred In Allowing The Depreciation Separately From The Net Profit & Deposing Of The Order Categorically Directing The A.O. To Deduct The Depreciation Form The Gross Contract Income In Stead Of Considering The Depreciation Separately To Be Deducted After Estimation Of Net Profit. Therefore, The Order Passed By The Ld. Cit (A) Is Liable To Be Quashed Entirely.

For Appellant: Shri B.R.Panda, ARFor Respondent: Shri Kunal Singh, CITDR
Section 143(1)Section 143(2)Section 144Section 145(3)