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

Devendr Kumar, Hardoi vs. ITO-3(2), Hardoi

In the result, the appeal of the assessee is allowed

ITA 213/LKW/2026[2020-21]Status: DisposedITAT Lucknow27 May 2026AY 2020-21

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2020-21 Devendr Kumar, Vs Income Tax Officer-3(2) C/O Sanjay Saxena 12, Pratap Enclave, Bisrat G.T. Road, Shahjahanpur-242001, U.P. Pan: Ixlpk3808J (Appellant) (Respondent) Assessee By: Sh. Pranav Pandey, C.A. Revenue By: Sh. Deepak Yadav, Addl Cit Dr Date Of Hearing: 23.04.2026 Date Of Pronouncement: 27.05.2026 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Nfac Against The Order Passed Under Section 250 Of The Income Tax Act, 1961 On 30.12.2025, Wherein The Ld. Cit(A) Has Confirmed The Penalty Under Section 272A(1)(D) For The A.Y. 2020-21 That Was Levied By The Assessing Officer On 4.06.2025. The Grounds Of Appeal Are As Under: - “1. That The Id. Commissioner Of Income Tax (Appeals), Nfac Erred On Fact Of The Law In Confirming The Penalty Of Rs. 10,000/-U/S 272A(1)(D) Of The Income Tax Act, 1961 Which Is Contrary To The Facts & In Law. 2. The Appellant Reserves A Right To Add/Alter/Amend Any Ground Of Appeal At The Time Of Its Hearing.” 2. The Facts Of The Case Are That The Assessee, Is An Individual Involved In Agricultural Activities & Had Not Filed A Return Of Income For The A.Y. 2020-21. The Case Was Reopened Under Section 147 Of The Income Tax Act

For Appellant: Sh. Pranav Pandey, C.AFor Respondent: Sh. Deepak Yadav, Addl CIT DR
Section 133(6)Section 142(1)Section 147Section 148Section 250Section 272A(1)(d)

Income Tax Officer, Hisar vs. Deepak, Hisar

In the result, the appeal of the Revenue is dismissed

ITA 4791/DEL/2025[2013]Status: DisposedITAT Delhi27 May 2026

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Assessment Year : 2013-14] Ito Vs Deepak Aaykar Bhawan, M/S. Neno Computer, Sector-14, Hisar, Near Pcsd School, Hansi, Hisar, Haryana Haryana-125033 Pan-Amypd4928Q Appellant Respondent Revenue By Shri Dayainder Singh Sidhu, Cit Dr Assessee By Shri Pratham Kindra, Adv. Date Of Hearing 16.03.2026 Date Of Pronouncement 27.05.2026 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Revenue Against The Order Dated 09.06.2025 By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac), Delhi [“Ld.Cit(A)”] In Appeal No. Nfac/2012-13/10169880 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dated 29.03.2022 Passed U/S 147 R.W.S. 144 R.W.S. 144B Of The Act Pertaining To Assessment Year 2013-14. 2. Brief Facts Of The Case Are That The Assessee Is An Individual & No Return Of Income Was Filed In The Year Under Appeal. As Per Information Available With The Ao In Itb Portal, There Were Deposits Of Cash In The Bank Accounts Of More Than Inr 14 Crores & Tds U/S 194H Of Inr 49,040/- & Since No Return Was Filed Therefore, The Case Of The Assessee Was Re-Opened U/S 147 Of The Act After Regarding The Reasons & Notice U/S 148 Of The Act Was Issued. However, The Assessee Has Not Complied With Any Of The Notice Nor Filed Return Of Income In Response To Notice U/S 148 Of The Act Therefore, The Ao Has Passed The Re-Assessment Order By Making Additions Of The Entire Transactions Appearing In Itba Module Of Inr 14,08,85,390/-.

Section 147Section 148Section 194HSection 250