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

Arihant Roller Flour Mills, Jind, Haryana vs. Income Tax Officer Ward 1 Jind, Haryana

The appeal of the assessee stand allowed

ITA 942/CHANDI/2026[2018-19]Status: DisposedITAT Chandigarh07 Jul 2026AY 2018-19

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.942/Chandi/2026 (िनधा"रणवष" / Assessment Year: 2018-19) M/S Arihant Roller Flour Mills Ito Ward – 1 बनाम/ Vs. Uchana S.O, Baroda, Jind Kothi No. 1234, Urban Estate Haryana – 126115 Jind, Haryana – 127306 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aamfa-5652-L (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Nikhil Goyal & Sh. Ashok Goyal (Advocates) – Ld. Ars ""थ"कीओरसे/Respondent By : Smt. Jaishree Sharma (Cit) - Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 04-06-2026 घोषणाकीतारीख /Date Of Pronouncement 07-07-2026 : आदेश / O R D E R Manoj Kumar Aggarwal () 1. By Way Of This Appeal, The Assessee Assails Invocation Of Revisionary Jurisdiction U/S 263 By Ld. Pr. Commissioner Of Income Tax, Rohtak (Pr. Cit) For The Assessment Year (Ay) 2018-19 Vide Impugned Order Dated 28-03-2026 Proposing Revision Of An Assessment As Framed By Ld. Assessing Officer [Ao] U/S.144 R.W.S. 260 R.W.S. 144B Of The Act On 16-02-2024 After Making Quantum Addition Of Rs.10.06 Lacs.

For Appellant: Sh. Nikhil Goyal and Sh. Ashok GoyalFor Respondent: Smt. Jaishree Sharma (CIT) - Ld. DR
Section 133(6)Section 139(1)Section 142(1)Section 144Section 148Section 263Section 270A

Baljinder Kaur, Mohali vs. Income Tax Officer, Ward-6(1), Mohali

The appeal stands allowed for statistical purposes

ITA 924/CHANDI/2026[2018-19]Status: DisposedITAT Chandigarh07 Jul 2026AY 2018-19

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.924/Chandi/2026 (िनधा"रणवष" / Assessment Year: 2018-19) Smt. Baljinder Kaur Ito Ward - (6) 1 C/O Tejmohan Singh (Advocate) Mohali, Punjab बनाम/ Vs. #527, Sector – 10-D Chandigarh – 160011 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Etvpk-0735-C (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Sh. Tej Mohan Singh (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Sh. Vivek Vardhan (Addl. Cit) - Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 06-07-2026 घोषणाकीतारीख /Date Of Pronouncement 07-07-2026 : आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2018-19 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac [Cit(A)] Dated 03-02-2026 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] On Best Judgment Basis U/S 147 R.W.S. 144 Of The Act On 20-03-2024. The Only Prayer Of Ld. Ar Is To Restore The Matter Back To Ld. Ao On The Ground That The Assessee Has Remained Unrepresented Before Lower Authorities. The Ld. Ar Stated That The Assessee Is In A Position To Substantiate Its Case. The Ld. Sr. Dr Has Opposed The Same. In The Assessment Order, Ld. Ao Made Various Additions To Determine Assessee’S Income At Rs.94.13 Lacs For Want Of Any Substantive Representation From The Assessee. The Ld. Cit(A) Confirmed The Assessment For The Same Very Reasons. Aggrieved, The Assessee Is In Further Appeal Before Tribunal. 2. Keeping In Mind The Principles Of Natural Justice, We Accept The Prayer Of Ld. Ar. Accordingly, The Impugned Order Is Set Aside & The Matter Is Restored Back To The File Of Ld. Ao For De-Novo Assessment With A Direction To The Assessee To Plead & Prove Its Case Forthwith. 3. The Appeal Stands Allowed For Statistical Purposes. Order Pronounced On 07Th July, 2026

For Appellant: Sh. Tej Mohan Singh (Advocate) – Ld. ARFor Respondent: Sh. Vivek Vardhan (Addl. CIT) - Ld. Sr. DR
Section 147

Kulbir Singh, Hoshiarpur vs. ACIT/DCIT Circle-1 International Tax, Income Tax Office International Tax Chandigarh

The appeal stands allowed for statistical purpose

ITA 1369/CHANDI/2026[2019-20]Status: DisposedITAT Chandigarh07 Jul 2026AY 2019-20

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.1369/Chandi/2026 (िनधा"रणवष" / Assessment Year: 2019-20) Shri Kulbir Singh Acit/Dcit Circle-1 S/O Mohinder Singh International Tax बनाम/ Vs. Village – Kharal Khurd, Po – Jaura Income Tax Department Hoshiarpur, Punjab – 144203 Aaykar Bhawan Sector – 17E, Chandigarh "ायीलेखासं./जीआइआरसं./Pan/Gir No. Ggips-5005-K (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : None ""थ"कीओरसे/Respondent By : Sh. Vivek Vardhan (Addl. Cit) - Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 06-07-2026 घोषणाकीतारीख /Date Of Pronouncement 07-07-2026 : आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2019-20 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Delhi-43 [Cit(A)] Dated 31.03.2026 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S 147 R.W.S. 144 Of The Act On 24.05.2024. At The Time Of Hearing, None Appeared For Assessee. The Ld. Sr. Dr Pleaded For Dismissal Of The Appeal. In The Assessment Order, Ld. Ao Made Addition U/S 69 For Rs.109.85 Lacs For Want Of Any Substantive Representation From The Assessee. The Ld. Cit(A) Confirmed The Assessment For The Same Very Reasons. Aggrieved, The Assessee Is In Further Appeal Before Tribunal. 2. Keeping In Mind The Principles Of Natural Justice, We Deem It Fit To Grant Another Opportunity Of Hearing To The Assessee. Accordingly, The Impugned Order Is Set Aside & The Matter Is Restored Back To The File Of Ld. Ao For De-Novo Assessment With A Direction To The Assessee To Plead & Prove Its Case Forthwith. 3. The Appeal Stands Allowed For Statistical Purpose. Order Pronounced On 07Th July, 2026

For Appellant: NoneFor Respondent: Sh. Vivek Vardhan (Addl. CIT) - Ld. Sr. DR
Section 147Section 69