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

Mariappan Rajendran, Tiruvarur vs. ITO, Ward-1, Thiruvarur

ITA 2488/CHNY/2026[2019-20]Status: DisposedITAT Chennai02 Jul 2026AY 2019-20

Bench: Shri George George K & Shri S.R. Raghunathaआयकर अपील सं./Ita Nos. 2488-2489/Chny/2026 ननिाारण वर्ा / Assessment Years : 2019-20 Mariappan Rajendran The Income Tax Officer No.1, Ecr Road Sundaram Vs. Ward 1 Muthupet, Thiruvarur Thiruvarur. Tamil Nadu – 614 706. [Pan: Ajypr5900P] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/Appellant By : Shri. Vishnu Sumath, Advocate For Shri. G.Baskar, Advocate प्रत्यर्थी की ओर से/Respondent By : Shri. K.Jayaganesh, Cit सुनवाई की तारीख/Date Of Hearing : 18.06.2026 घोर्णा की तारीख/Date Of Pronouncement : 02.07.2026 आदेश /O R D E R Per S. R. Raghunatha, Am : These Appeals Filed By The Assessee Are Directed Against The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As "The Ld.Cit(A)"], Both Dated 07.01.2026, Arising Out Of The Orders Passed By The Assessment Unit, National Faceless Assessment Centre, Delhi [Hereinafter Referred To As "The :-2-: Ita. Nos:2488-2489/Chny/2026 Ao"] U/S.147 R.W.S 144 Of The Income-Tax Act, 1961 ("The Act") Dated 05.03.2024 & U/S.270A Of The Act Dated 04.09.2024, Respectively, For The Assessment Year 2019-20. 2. Since The Issues Involved In Both The Appeals Arise Out Of The Same Assessment Proceedings & Are Interconnected, These Appeals Were Heard Together. Accordingly, For The Sake Of Convenience, Brevity & To Avoid Repetition Of Facts, They Are Being Disposed Of By This Consolidated Order.

For Appellant: Shri. Vishnu Sumath, Advocate for Shri. G.Baskar, AdvocateFor Respondent: Shri. K.Jayaganesh, CIT
Section 139(1)Section 147Section 148Section 148ASection 270A

Ab Rephcons Infrastructure Pvt. Ltd., Delhi vs. ITO, Ward 1(1), New Delhi

In the result, the appeal of the Assessee is allowed

ITA 2629/DEL/2026[2019-20]Status: DisposedITAT Delhi02 Jul 2026AY 2019-20

Bench: Shri Mahavir Singh & Shri Manish Agarwalab Rephcons Income Tax Officer, Infrastructure Pvt. Ltd. Ward-1(1), (Non-Existing Entity Vs. New Delhi-11 Through Ex-Director Mr. Sachin Nagar) Pan-Aagca4141D (Appellant) (Respondent) Assessee By Shri Ved Jain, Adv. & Ms. Uma Upadhyay, Ca Shri Tarun Sharda, Sr. Dr Department By Date Of Hearing 29/06/2026 Date Of Pronouncement 29/06/2026 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Ld. Cit(A)] Dated 15.01.2026 U/S 250 Of The Income Tax Act, 1961 (“The Act” In Short) Arising Out Of The Penalty Order Passed U/S 271Aac(1) Of The Act Dated 09.08.2024 For Assessment Year 2019-20. 2. Heard Both The Parties & Perused The Materials Available On Record. It Is Observed That The Present Appeal Is Filed Against The Levy Of Penalty U/S 271Aac(1) Of The Act Whereas The Assessment Order Passed U/S 147 R.W.S144 Read With Section 144B Of The Act Dated 19.02.2024 Has Already Been Set Aside By The Ld. Cit(A) To Ab Rephcons Infrastructure Pvt. Ltd. Vs. Ito The File Of The Ao For Fresh Consideration In Terms Of The Order Passed U/S 250 Of The Act Dated 03.03.2025. As The Order In Which The Present Penalty Proceedings Were Initiated Has Been Set Aside To The Ao For Fresh Assessment, The Consequent Penalty Proceedings Has No Legs To Stand And, Therefore, Penalty So Levied U/S 271Aac (1) Of The Act Is Hereby Deleted. However, The Ao Is At Liberty To Re-Initiate The Penalty Proceedings U/S 271Aac(1) Of The Act, If The Circumstances Suggested So In The Set Aside Assessment Proceedings. With This Appeal Of The Assessee Is Allowed.

Section 144BSection 147Section 250Section 271A

Sarita Sarda, Deshnoke, Bikaner vs. DCIT/ACIT, Central Circle 32, New Delhi

In the result, these three appeals are partly allowed for statistical purposes

ITA 6310/DEL/2025[2015-16]Status: DisposedITAT Delhi01 Jul 2026AY 2015-16

Bench: Shri Satbeer Singh Godara & Shri Sanjay Awasthiassessment Year: 2013-14 Sarita Sarda, Vs. Dcit/Acit, W/O Nirmal Kumar Sarda, Central Circle 32, Sarda Mohalla, Deshnoke, Income Tax Building, E-2, Bikaner, Rajasthan 334801. Ara Centre, Jhandewalan, Pan No.Bkwps0934C New Delhi, Delhi 1100555. Appellant Respondent Assessment Year: 2014-15 Sarita Sarda, Vs. Dcit/Acit, W/O Nirmal Kumar Sarda, Central Circle 32, Sarda Mohalla, Deshnoke, Income Tax Building, E-2, Bikaner, Rajasthan 334801. Ara Centre, Jhandewalan, Pan No.Bkwps0934C New Delhi, Delhi 1100555. Appellant Respondent & Assessment Year: 2015-16 Sarita Sarda, Vs. Dcit/Acit, W/O Nirmal Kumar Sarda, Central Circle 32, Sarda Mohalla, Deshnoke, Income Tax Building, E-2, Bikaner, Rajasthan 334801. Ara Centre, Jhandewalan, Pan No.Bkwps0934C New Delhi, Delhi 1100555. Appellant Respondent Assessee By None Revenue By Shri Bhopal Singh, Cit Dr Date Of Hearing: 01.07.2026 Pronouncement On 01.07.2026 Per Sanjay Awasthi: 1. This Is A Batch Of Three Appeals Pertaining To The Same Assessee For Ays 2013-14 (Order Dated 30.08.2025), Ay 2014-15 (Order Dated 07.08.2025) & Ay 2015-16 (Order Dated 07.08.2025), Passed U/S 250 Of The Income Tax Act, 1961 (Hereafter As “The Act”), By Ld. Cit(Appeals)- 30, New Delhi. For The Sake Of Convenience These Three Appeals Are Being Disposed Of Through A Common Order. Furthermore, On The Last Date Of Hearing, None Attended On Behalf Of The Assessee, But It Was Decided To Proceed Ahead With The Adjudication With The Help Of Ld. Dr.

Section 127Section 153ASection 250

Sarita Sarda, Deshnoke, Bikaner vs. DCIT/ACIT, Central Circle 32, New Delhi

In the result, these three appeals are partly allowed for statistical purposes

ITA 6282/DEL/2025[2014-15]Status: DisposedITAT Delhi01 Jul 2026AY 2014-15

Bench: Shri Satbeer Singh Godara & Shri Sanjay Awasthiassessment Year: 2013-14 Sarita Sarda, Vs. Dcit/Acit, W/O Nirmal Kumar Sarda, Central Circle 32, Sarda Mohalla, Deshnoke, Income Tax Building, E-2, Bikaner, Rajasthan 334801. Ara Centre, Jhandewalan, Pan No.Bkwps0934C New Delhi, Delhi 1100555. Appellant Respondent Assessment Year: 2014-15 Sarita Sarda, Vs. Dcit/Acit, W/O Nirmal Kumar Sarda, Central Circle 32, Sarda Mohalla, Deshnoke, Income Tax Building, E-2, Bikaner, Rajasthan 334801. Ara Centre, Jhandewalan, Pan No.Bkwps0934C New Delhi, Delhi 1100555. Appellant Respondent & Assessment Year: 2015-16 Sarita Sarda, Vs. Dcit/Acit, W/O Nirmal Kumar Sarda, Central Circle 32, Sarda Mohalla, Deshnoke, Income Tax Building, E-2, Bikaner, Rajasthan 334801. Ara Centre, Jhandewalan, Pan No.Bkwps0934C New Delhi, Delhi 1100555. Appellant Respondent Assessee By None Revenue By Shri Bhopal Singh, Cit Dr Date Of Hearing: 01.07.2026 Pronouncement On 01.07.2026 Per Sanjay Awasthi: 1. This Is A Batch Of Three Appeals Pertaining To The Same Assessee For Ays 2013-14 (Order Dated 30.08.2025), Ay 2014-15 (Order Dated 07.08.2025) & Ay 2015-16 (Order Dated 07.08.2025), Passed U/S 250 Of The Income Tax Act, 1961 (Hereafter As “The Act”), By Ld. Cit(Appeals)- 30, New Delhi. For The Sake Of Convenience These Three Appeals Are Being Disposed Of Through A Common Order. Furthermore, On The Last Date Of Hearing, None Attended On Behalf Of The Assessee, But It Was Decided To Proceed Ahead With The Adjudication With The Help Of Ld. Dr.

Section 127Section 153ASection 250

Sarita Sarda, Deshnoke, Bikaner vs. DCIT/ACIT, Central Circle 32, New Delhi

In the result, these three appeals are partly allowed for statistical purposes

ITA 6281/DEL/2025[2013-14]Status: DisposedITAT Delhi01 Jul 2026AY 2013-14

Bench: Shri Satbeer Singh Godara & Shri Sanjay Awasthiassessment Year: 2013-14 Sarita Sarda, Vs. Dcit/Acit, W/O Nirmal Kumar Sarda, Central Circle 32, Sarda Mohalla, Deshnoke, Income Tax Building, E-2, Bikaner, Rajasthan 334801. Ara Centre, Jhandewalan, Pan No.Bkwps0934C New Delhi, Delhi 1100555. Appellant Respondent Assessment Year: 2014-15 Sarita Sarda, Vs. Dcit/Acit, W/O Nirmal Kumar Sarda, Central Circle 32, Sarda Mohalla, Deshnoke, Income Tax Building, E-2, Bikaner, Rajasthan 334801. Ara Centre, Jhandewalan, Pan No.Bkwps0934C New Delhi, Delhi 1100555. Appellant Respondent & Assessment Year: 2015-16 Sarita Sarda, Vs. Dcit/Acit, W/O Nirmal Kumar Sarda, Central Circle 32, Sarda Mohalla, Deshnoke, Income Tax Building, E-2, Bikaner, Rajasthan 334801. Ara Centre, Jhandewalan, Pan No.Bkwps0934C New Delhi, Delhi 1100555. Appellant Respondent Assessee By None Revenue By Shri Bhopal Singh, Cit Dr Date Of Hearing: 01.07.2026 Pronouncement On 01.07.2026 Per Sanjay Awasthi: 1. This Is A Batch Of Three Appeals Pertaining To The Same Assessee For Ays 2013-14 (Order Dated 30.08.2025), Ay 2014-15 (Order Dated 07.08.2025) & Ay 2015-16 (Order Dated 07.08.2025), Passed U/S 250 Of The Income Tax Act, 1961 (Hereafter As “The Act”), By Ld. Cit(Appeals)- 30, New Delhi. For The Sake Of Convenience These Three Appeals Are Being Disposed Of Through A Common Order. Furthermore, On The Last Date Of Hearing, None Attended On Behalf Of The Assessee, But It Was Decided To Proceed Ahead With The Adjudication With The Help Of Ld. Dr.

Section 127Section 153ASection 250