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. Pyramid Buildwell Pvt. Ltd., New Delhi vs. ITO, New Delhi

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

ITA 6238/DEL/2013[2006-07]Status: DisposedITAT Delhi30 Oct 2015AY 2006-07

Bench: Shri Inturi Rama Rao & Smt. Suchitra Kambleassessment Year: 2006-07 Pyramid Buildwell Pvt. Ltd, Vs. Income Tax Officer, 214, 2Nd Floor, Rectangle-I, D-4, Ward -14(4), New Delhi Saket Distt. Centre, Saket, New Delhi (Pan:Aadcp7538E) (Appellant) (Respondent) Appellant By : Dr. Rakesh Gupta, Adv. & Sh. Sunil Aggrawal, Ca Respondent By : Smt. Anjula Jain, Sr. Dr, Date Of Hearing: 27.10.2015 Date Of Pronouncement: 30.10.2015 Order Per Inturi Rama Rao, A.M.: The Present Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit(A), Dated 22.07.2013 Passed For The Assessment Year 2006-07. The Assessee Raised The Following Grounds Of Appeal: I. That On The Facts Of Circumstances Of The Case, Ld. Cit (A) Is Not Justified Ill Dismissing The Appeal Of The Appellant U/S 144 Of The Income Tax Act, 1961. Ii. That The Appellant Was Prevented By Reasonable & Sufficient Cause Due To Which He Could Not Appear Before The Ld. Ito I Cit(A) As Stated In The Statement Of Facts. Iii. That The Ld. Cit(A) Is Not Justified In Confirming The Addition Of Rs. 1,79,76,000/- Made By Ld. Assessing Officer. Iv. That The Ld. Assessing Officer Had Added Rs. 1,50,00,000/- On Account Of Cash Credit U/S 68 By Saying That The Genuineness & The Credit Worthiness

For Appellant: Dr. Rakesh Gupta, Adv. & Sh. Sunil Aggrawal, CAFor Respondent: Smt. Anjula Jain, Sr. DR
Section 144Section 68Section 69

Urmila Ratanlal Sud, Mumbai vs. ITO 20(3)(1), Mumbai

In the result, the appeal filed by the assessee is treated as allowed for statistical purposes

ITA 3221/MUM/2014[2008-09]Status: DisposedITAT Mumbai29 Oct 2015AY 2008-09

Bench: S/Shri B.R.Baskaran (Am) & Sanjay Garg, (Jm) सर्वश्री बी.आर.बास्करन, ऱेखा सदस्य एर्ुं श्री संजम गगग, न्याययक सदस्य के समक्ष आमकय अऩीर सं /I.T.A. No.3221/Mum/2014 (ननधधगयण वषग / Assessment Year : 2008-09) बनाम/ Smt.Urmila Ratanlal Sud, Income Tax Officer, 20(3)(1), Plot No. 178, Rattan Niwas, 605 Piramal Chambers, Vs. Sher-E-Punjab Society, Lalbaug, Parel, Mahakali Caves Road, Mumbai-400012 Andheri, Mumbai-400093. (अऩीरधथी /Appellant) (प्रत्मथी / Respondent) .. स्थधमी रेखध सं./जीआइआय सं./Pan :Aayps3730K अऩीरधथी ओय से / Appellant By Shri R N Vasani प्रत्मथी की ओय से/ Respondent By Shri Abhinay Kumbhar सुनवधई की तधयीख / Date Of Hearing : 29.10.2015 घोषणध की तधयीख /Date Of Pronouncement :29.10.2015 आदेश / O R D E R Per B.R.Baskaran: The Appeal By The Assessee Is Directed Against The Order Dated 13.2.2014 Passed By Ld Cit(A)-31, Mumbai For Assessment Year 2009-10. 2. We Heard The Parties & Perused The Record. We Notice That The Ao Has Passed The Assessment Order To The Best Of His Judgment Under Section 144 Read With Section 147 Of The Income Tax Act, 1961. The Ld. Counsel Appearing For The Assessee Submitted That The Assessee Was Prevented From Appearing Before The Ao For The Reasons Beyond Her Control & Further She Could Not File Necessary Materials Before The Ld. Cit(A) To Challenge The Additions Made By The Ao. Accordingly He Prayed

Section 144Section 147