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

Gaurav Tripathi, Gorakhpur vs. Dc/ACIT - 1, Gorakhpur

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

ITA 187/VNS/2024[2015-2016]Status: DisposedITAT Varanasi30 Jun 2026AY 2015-2016

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2015-16 Gaurav Tripathi, Vs Dc/Acit-1, 296, Rapti Nagar Phase 4, Gorakhpur Chargawan, Gorakhpur, (U.P.) 273001 Pan: Affpt3378G (Appellant) (Respondent) Assessee By: Sh. Sanchit Srivastava, Advocate Revenue By: Sh. Sabayasachi Chakraborty, Sr. Dr Date Of Hearing: 13.05.2026 Date Of Pronouncement: 30.06.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit(A), Nfac Dated 28.08.2024, Passed Under Section 250 Of The Income Tax Act, 1961, Wherein The Ld. Cit(A) Has Partly Allowed The Appeal Of The Assessee Against The Orders Passed By The Assessing Officer Of The Assessment Year 2015-16 Under Section 147 R.W.S. 144 R.W.S. 144B Of The Income Tax Act, 1961 On 25.03.2023. The Grounds Of Appeal Are As Under:- “1. That The Order Of Ld. Cit Appeals Dated Was Not In Accordance Of Law & Facts & Was Not Justified In Making Addition Of Rs 11,05,466/- As Unexplained Investment U/S 69 Out Of Rs 64,21,943/-Which Was Made From Legal Sources. 2. That The Order Of Ld. Cit Appeals Was Not In Accordance Of Law & Facts & Was Not Justified In Calculating Tax On Income On Gross Salary Over Rs. 19,82,362/Instead Of Net Salary (After Deductions) On Rs. 14,29,810/-. 3. That The Penalty Proceeding Under Section 271 (1) (C). 271 (1) (B) Maybe Stayed, Till The Disposal Of This Appeal.

For Appellant: Sh. Sanchit Srivastava, AdvocateFor Respondent: Sh. Sabayasachi Chakraborty, Sr. DR
Section 133(6)Section 147Section 148Section 148ASection 250Section 271Section 271(1)(c)Section 69

Ashokkumar Chhaganbhai Mehta, Rajkot vs. Income Tax Officer, Ward-1(1)(1), Rajkot

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

ITA 658/RJT/2026[2022-23]Status: DisposedITAT Rajkot30 Jun 2026AY 2022-23

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 658/Rjt/2026 ("नधा"रणवष"/Assessment Year: (2022-23) Ashokkumar Chhaganbhai Mehta Income Tax Officer Ward - 1(1)(1) 305-A Convention Center Opp Vs. Aayakar Bhavan, Rajkot Icici Bank Yagnik Road Rajkot Gujrat 360001 Gujrat 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Alvpm7081P (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Digant Kiyada, Ld. Ar Respondent By : Shri Gopi Nath Chubey, Ld. Sr. Dr Date Of Hearing : 24/06/2026 30/06/2026 Date Of Pronouncement : Order Per, Shri Sonjoy Sarma, Jm: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2022-23, Is Directed Against The Order Under Section-250 Of The Income- Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 15.04.2026, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 144 Read With Section144B Of The Act, Dated 13.03.2024. Ita No.658/Rjt/2026 [ Ay 2022-23 ] Ashokkumar Chhaganbhai Mehta V. Ito

For Appellant: Shri Digant Kiyada, Ld. ARFor Respondent: Shri Gopi Nath Chubey, Ld. Sr. DR
Section 144Section 144B

Kanzariya Kalidas Popatlal, Chotila vs. The ITO Ward 1, Surendranagar

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

ITA 193/RJT/2026[2013-14]Status: DisposedITAT Rajkot30 Jun 2026AY 2013-14

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 193/Rjt/2026 ("नधा"रणवष"/Assessment Year: (2013-14) Kalidas Popatbhai Kanjariya The Ipo, Ward 1, Surendranagar Gujrat 363001 Near Gurjar Prajapati Wad, Vs. Flvadi Thangadh Chotila Surendranagar Gujrat 36530 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Cfppk3840A (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri D. M. Rindani, Ld. Ar Respondent By : Shri Gopi Nath Chubey, Ld. Sr. Dr Date Of Hearing : 25/06/2026 30/06/2026 Date Of Pronouncement : Order Per, Shri Sonjoy Sarma, Jm: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2013-14, Is Directed Against The Order Under Section-250 Of The Income- Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 14.03.2023, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 144 R.W.S. 147 Of The Act, Dated 23.10.2018. Ita No.193/Rjt/2026 [ Ay 2013-14 ] Kalidas Popatbhai Kanjariya V. Ito

For Appellant: Shri D. M. Rindani, Ld. ARFor Respondent: Shri Gopi Nath Chubey, Ld. Sr. DR
Section 144Section 148

Madan Lal Jat, Jaipur vs. ITO Ward 7(1), Jaipur

The appeal of the assessee is partly allowed in above terms

ITA 1883/JPR/2025[2013-14]Status: DisposedITAT Jaipur30 Jun 2026AY 2013-14

Bench: Smt. Annapurna Guptamadan Lal Jat Vs. Ito Nitharwalo Ki Dhani, Ward 7(1) Mundli Renwal Jaipur Raj. Jaipur 303603 (Present Address C/O G.S. Stonex, 3/185- Bachamanglam Ring Road Semanur Village Bagur Krishnagiri Tamil Nadu 635108, Jaipur "थायीलेखासं./जीआइआरसं./Pan/Gir No:Bdqpj 0380 Q Appellant .. Respondent Appellant By : Sh. Shrawan Kumar Gupta, Adv. Respondent By : Mrs. Aarti Rawat, Addl. Cit Date Of Hearing 23.06.2026 Date Of Pronouncement 30.06.2026 O R D E R The Present Appeal Has Been Filed By The Assessee Against The Order Passed By The National Faceless Appeal Centre, Delhi (Nfac) (Hereinafter Referred To As “Ld. Cit(A)”), Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”) Dated 31- 10-25. P A G E | 2 Madan Lal Jat 2. The Grounds Of Appeal Raised By The Assessee Read As Under:- 1. The Impugned Order U/S 147 Rws 144 Of The I. T. Act, 1961 Dated 24.03.2022 As Well As The Notice U/S 147 Rws 144 & Action Or Proceedings U/S 147/144 Are Illegal, Bad In Law, Barred By Limitation, Without Jurisdiction, Without Approval/Satisfaction From The Proper Or Competent Authority, In Valid Exparty Order In Gross Breach Of The Law & Against The Principle Of Natural Justice & Various Other Reasons Or & Further Contrary To The Real Facts Of The Case Hence The Same May Kindly Be Quashed.

For Appellant: Sh. Shrawan Kumar Gupta, AdvFor Respondent: Mrs. Aarti Rawat, Addl. CIT
Section 147Section 234ASection 250Section 44ASection 68Section 80C