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

Pranab Kumar Banik, Kolkata vs. ACIT, Centre Circle-II, Kolkata

In the result, the appeal filed by the assessee on ground No

ITA 373/KOL/2014[2007-2008]Status: DisposedITAT Kolkata26 Apr 2017AY 2007-2008

Bench: Shri N.V. Vasudevan, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.373/Kol/2014 ("नधा"रण वष" / Assessment Year :2007-2008) Pranab Kumar Banik, Vs. Acit, Central Circle-Ii, C/O- Salarpuria Jajodia & Co Aaykar Bhavan, Purva, 7, Chittaranjan Avenue, 110,Shantipally, Kolkata Kolkata-700072 Kolkata-700107 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Adqpb 4401 K .. (अपीलाथ" /Appellant) (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri S.Jhajharia, Fca राज"व क" ओर से /Revenue By : Shri Bani Brata Dutta,Adl.Cit-(Dr) सुनवाई क" तार"ख / Date Of Hearing : 12/04/2017 घोषणा क" तार"ख/Date Of Pronouncement 26/04/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Assessee, Pertaining To The Assessment Year 2007-2008, Is Directed Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)-Iii, Kolkata, In Appeal No.258/Cc-Ii/Cit(A)C-Iii/2008-09/Kolkata, Dated 31.12.2013, Which In Turn Arises Out Of An Order Passed By The Assessing Officer (Ao) Under Section 147/144 Of The Income Tax Act 1961, (Hereinafter Referred To As The ‘Act’), Dated 31.12.2008. 2. Brief Facts Qua The Assessee Are That In The Case Of Assessee A Search & Seizure Operation Was Conducted At The Residential Premises Of Shri Pranab Kumar Banik At 25, Dumdum Park, Kolkata-700055 & The Office Of The Ajanta Group Of Companies & Its Directors. The Assessee Is A Director Of M/S Ajanta Footcare (India) Pvt. Ltd., One Of The Main Companies Of The Ajanta Group & A Partner In The Association Of 2 Pranab Kumar Banik

For Appellant: Shri S.Jhajharia, FCAFor Respondent: Shri Bani Brata Dutta,Adl.CIT-(DR)
Section 139(9)Section 142(1)Section 143(2)Section 144Section 147Section 148

D.C.I.T.-CC-Xxx, Kolkata vs. M/S Besco Ltd., Kolkata

In the result, appeals of the revenue for the A

ITA 2720/KOL/2013[2010-2011]Status: DisposedITAT Kolkata26 Apr 2017AY 2010-2011

Bench: Shri J.Sudhakar Reddy, Am & S.S.Viswanethra Ravi, Jm आयकर अपील सं./Ita No.2716 To 2720/Kol/2013 ("नधा"रण वष" /Assessment Year:2006-2007 To 2010-2011) Dcit, Cc-Xxx, Kolkata Vs. M/S Besco Ltd, 8, Anil Maitra Road, Kolkata-700019 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcb 2723 R .. (अपीलाथ" /Appellant) (""यथ" / Respondent) राज"व क" ओर से /Revenue By : Shri Niraj Kumar, Cit Dr "नधा"रती क" ओर से /Assessee By: Ms. Manju L. Shukla, Fca सुनवाई क" तार"ख / Date Of Hearing : 26/04/2017 घोषणा क" तार"ख/Date Of Pronouncement 26/04/2017 आदेश / O R D E R Per J.Sudhakar Reddy, Am: All These Appeals Filed By The Revenue Are Directed Against The Common Order Of The Commissioner Of Income Tax (Appeals)-Iii Kolkata, Dated 30.09.2013 For The Assessment Years 2006-07 To 2010-11. 2. Since Common Issues Are Involved In All The Appeals Of The Revenue, Therefore, All The Appeals Are Heard Altogether & Disposed Off By This Common Order. The Facts Mentioned In Ita No.2716/Kol/2013 Are Taken Into Consideration For Deciding All The Appeals. 3. Facts Of The Case Brought Out By The Ld. Cit(A) From Para 5 To Para 9 Of His Order Are Extracted Below For Ready Reference :- 1. Introductory Facts & Circumstances Of The Case, The Groups, The Issues & The Sequence Of The Assessment Orders. The Case Is Peculiar & Therefore A Prior Brief Of The Facts & Issues Will Help To Better Understand The Case & Its Circumstances. Further Details Will Be Later At The Relevant Part In This Order.

For Appellant: Ms. Manju L. Shukla, FCAFor Respondent: Shri Niraj Kumar, CIT DR
Section 397Section 398