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

Bharatbhai Thakarshibhai Limbasiya, Kuvadava Road vs. ITO WD 2(1)(1), RKT, Rajkot

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

ITA 887/RJT/2025[2016-17]Status: DisposedITAT Rajkot09 Jun 2026AY 2016-17

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 887/Rjt/2025 ("नधा"रणवष"/Assessment Year: (2016-17) Bharatbhai Thakarshibhai Limbasiya, Ito Wd 2(1)(1), Rajkot, Plot No 17/2 Shri Shivranjni Park Street Vs. Aayakar Bhawan, Race No 2 80Ft Road Kuvadava Road Rajkot, Course Ring Road, Rajkot, Rajkot, Gujarat-360003 Gujarat, 360001, "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Ahspl6455B (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Ramesh M. Patel, Ld. Ar Respondent By : Shri Ravinder Sindhu, Ld. Cit (Dr) Date Of Hearing : 08/06/2026 09/06/2026 Date Of Pronouncement : Order Per, Shri Sonjoy Sarma, Jm: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2016-17, 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 24.09.2025, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 147, R.W.S. 144 & 144B Of The Act, Dated 09.03.2024. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Did Not File The Return Of Income Of The Assessment Year 2016-17. Based On The Information Available With The Department, It Was Noticed That The Assessee Had Undertaken The Substantial

For Appellant: Shri Ramesh M. Patel, Ld. ARFor Respondent: Shri Ravinder Sindhu, Ld. CIT (DR)
Section 142(1)Section 144Section 147Section 148Section 69A

Safikul Alam, Sahibganj vs. ITO Ward 3(5), Sahibganj

In the result the appeal of the assessee is allowed for statistical purpose

ITA 71/RAN/2026[2018-2019]Status: DisposedITAT Ranchi09 Jun 2026AY 2018-2019

Bench: Shri Pradip Kumr Choubey & Shri Ratnesh Nandan Sahayassessment Year: 2018-19 Safikul Alam.……..……………………….………………………….Appellant Vill Harihara Srikunddist, Distsahibganj, Jharkhand-816101 [Pan No. Aqvpa0202B] Vs. Ito Ward 3(5),......…..………………..…………….………... Respondent Sahibganj, Jharkhand- 816101 Appearances By: Shri Shib Kumar Kedia, A.R. Appeared On Behalf Of The Appellant. Shri Shubham Agarwal, Sr. D.R, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : 02 June, 2026 Date Of Pronouncing The Order : 09 June,2026 Order Per Pradip Kumar Choubey: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 08.12.2025 Of The Office Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 147R.W.S.144 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). Assessment Year- 2018-19 2. The Brief Facts Of The Case Of The Assessee Is That The Assessee Was Non-Filer Of The Income Tax Return. On The Information Available, Ao Found That The Assessee Made Cash Deposits In Current Account Of State Bank Of India & Also Made Cash Withdrawals Amounting To Rs. 20,969,651/- During The Financial Year 2017-18. Ao Has Further Found That Assessee Has Received Contract Amount Of Rs. 323,514/- From Save Solutions Pvt. Ltd But Assessee Did Not File Return Of Income For The Assessment Year 2018-19. A Proceeding U/S 147 Where Initiated & Notices Have Been Issued To The Assessee But Assessee Did Not Respond Any Of The Notices, As A Result Of Which, Assessing Officers Assessed The Total Income Of The Assessee At Rs. 212,93,665/- By Making An Addition Of Rs. 209,70,151/- U/S 69A & Rs. 3,23,514/- Against Contract Amount Received.

Section 147Section 147rSection 5Section 69A