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

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

In the result, appeals of the revenue for the A

ITA 2719/KOL/2013[2009-2010]Status: DisposedITAT Kolkata26 Apr 2017AY 2009-2010

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

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

In the result, appeals of the revenue for the A

ITA 2718/KOL/2013[2008-2009]Status: DisposedITAT Kolkata26 Apr 2017AY 2008-2009

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

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

In the result, appeals of the revenue for the A

ITA 2717/KOL/2013[2007-2008]Status: DisposedITAT Kolkata26 Apr 2017AY 2007-2008

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

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

In the result, appeals of the revenue for the A

ITA 2716/KOL/2013[2006-2007]Status: DisposedITAT Kolkata26 Apr 2017AY 2006-2007

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

M/S Pearls Intercontinental Ltd., New Delhi vs. DCIT, New Delhi

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1883/DEL/2014[1996-97]Status: DisposedITAT Delhi21 Apr 2017AY 1996-97

Bench: Sh. I.C. Sudhir & Sh. O.P. Kantassessment Year: 1996-97 Vs. Dcit, Circle – 14(1), New Delhi M/S. Pearls Intercontinental Ltd., 112-A, Ekta Enclave, New Peera Garhi, New Delhi Pan : Aaacp6925A (Appellant) (Respondent) Appellant By Sh. Sanjay Kapoor, Ca Respondent By Mrs. Veena Joshi, Cit(Dr) Date Of Hearing 23.03.2017 Date Of Pronouncement 21.04.2017 Order Per O.P. Kant, A.M.: This Appeal By The Assessee Is Directed Against Order Dated 22/01/2014 Of Ld. Commissioner Of Income-Tax (Appeals)-Xvii, Laxmi Nagar, Delhi (In Short ‘The Cit-A’), For Assessment Year 1996-97, In Respect Of Penalty Levied Under Section 271(1)(C) Of The Income-Tax Act, 1961 (In Short ‘The Act’). The Grounds Of Appeal Raised Are As Under: 1. The Provisions Of Section 271(1)(C) Read With Section 275 Are Not Applicable At All. 2. There Is Neither Concealment Of Income Nor Appellant Has Filed Inaccurate Particulars Of Income, Thus The Provisions Of Section 271(1)(C) Are Not Applicable At All. 3. Without Prejudice To Ground That No Penalty Is Leviable, Cit(A) Has Erred In Enhancing The Penalty. 4. Bonafide Claim Made, Disallowed In Assessment Proceeding Does Not Attract Penalty At All. 5. The Cit(A) Has Erred In Holding That Appellant Has Not Furnished Any Explanation With Regard To Addition/Disallowance.

Section 139(1)Section 142(1)Section 144Section 263Section 271(1)(C)Section 271(1)(c)Section 275

J.C.I.T RG - 3, Asansol vs. M/S Pawan Hardcoke Industries, Burdwan

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

ITA 406/KOL/2013[2008-09]Status: DisposedITAT Kolkata19 Apr 2017AY 2008-09

Bench: Shri N.V.Vasudevan, Jm & Dr. A.L.Saini, Am आयकर अपील सं./Ita No.406/Kol/2013 ("नधा"रण वष" / Assessment Year : 2008-09) Jcit, Range-3, Asansol Vs. M/S Pawan Hardcoke Parmar Building, 54, Industries, G.T.Road (West), Asansol- Bhukania House, Pera Galli, 713304 Kachari Road, Barakar, Burdwan "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aadfp 4056 E .. (अपीलाथ" /Appellant) (""यथ" / Respondent) राज"व क" ओर से /Revenue By : Shri Rajat Kumar Kureel, Jcit-Dr "नधा"रती क" ओर से /Assessee By : Shri T.P.Roy, Advocate सुनवाई क" तार"ख / Date Of Hearing : 03/04/2017 घोषणा क" तार"ख/Date Of Pronouncement 19/04/2017 आदेश / O R D E R Per Dr. Arjun Lal Saini, Am: The Captioned Appeal Filed By The Revenue, Is Directed Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals), Durgapur In Appeal No.108/Cit(A)/Asl/Cir-2/Asl/2010-11,Which In Turn Arises Out Of An Order Passed By The Assessing Officer U/S.144 Of The Income Tax Act 1961, (Hereinafter Referred To As The ‘Act’), Dated 25.10.2010. 2. Brief Facts Of The Case Qua The Assessee Are That The Assessee Is A Partnership Firm Engaged In The Business Of Manufacturing Of Coke Both Hardcoke & Soft Coke. The Assessee Is Doing Business In The Name Of M/S Pawan Hardcoke Industries, Which Is A Partnership Firm Consisting Of Two Partners. The Return Of Income Of The Assessee Was Processed U/S.143(1) Of The Act. Later On, Assessee’S Case Was Selected For Scrutiny U/S.143(3) Of The Act & The Ao Completed The Assessment By Making Addition On Account Of Unexplained Cash Credit U/S.68 Of The Act. The Assessing Officer Also Disallowed The Transportation Charges At Rs.12,85,223/- & Disallowed Some Expenditure Under Different Heads.

For Appellant: Shri T.P.Roy, AdvocateFor Respondent: Shri Rajat Kumar Kureel, JCIT-DR
Section 133(6)Section 143(1)Section 143(3)Section 144Section 68