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

Pegasus Event and Convention Services, Pune vs. ACIT Cir-7, Pune

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

ITA 186/PUN/2026[2020-21]Status: DisposedITAT Pune25 May 2026AY 2020-21

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita No.186/Pun/2026 धििाारण वर्ा / Assessment Year : 2020-21 Pegasus Event & Convention Services, Assistant Commissioner Services E 1/5 Phase Ii, Cibercity, Of Income Tax, Circle – 7, Haveli, Pune H.O., Pune-411001 Vs. Pune Pan : Aaifp8920C अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Nikhil S Pathak Department By : Smt. Saumya Pandey Jain Date Of Hearing : 18-05-2026 Date Of 25-05-2026 Pronouncement : आदेश / Order Per Astha Chandra, Jm : The Appeal Filed By The Assessee Is Directed Against The Order Dated 07.11.2025 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)/Nfac”] Pertaining To Assessment Year (“Ay”) 2020-21. 2. Although A Number Of Grounds Have Been Raised By The Assessee, However, These All Relate To The Order Of The Ld. Cit(A)/Nfac In Confirming The Penalty Of Rs.22,93,281/- Levied By The Ld. Assessing Officer (“Ao”) U/S 270A Of The Income Tax Act, 1961 (The “Act”) For Under-Reporting Of Income Vide His Order Dated 19.08.2025. 3. Briefly Stated, The Facts Of The Case Are That The Assessee Firm Did Not Furnish Its Return Of Income U/S 139 Of The Act For Ay 2020-21. Based On The Information Flagged On Insight Portal By The Directorate Of Income Tax (Systems), Cbdt, It Was Found That The Substantial Income Of The Assessee Chargeable To Tax Had Escaped Assessment For The Ay 2020-21. The Case Of The Assessee Was Reopened U/S 147 Of The Act By Following The Mandated Procedure In Law. Accordingly, Notice U/S 148 Of The Act Was Issued To The Assessee With The Prior Approval Of The Specified Authority. In Response To 2

For Appellant: Shri Nikhil S PathakFor Respondent: Smt. Saumya Pandey Jain
Section 139Section 147Section 148Section 270ASection 270A(7)Section 274

Pratibha and Pratik Associates, Kolhapur vs. Income Tax Officer, Kolhapur

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

ITA 2723/PUN/2025[2015-16]Status: DisposedITAT Pune25 May 2026AY 2015-16

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.2677 & 2723/Pun/2025 धििाारण वर्ा / Assessment Year : 2015-16 Pratibha & Pratik Associates, Income Tax Officer, 247/18 E Prithviprasad, Ward – 2(1), Kolhapur Nagala Park, Kolhapur-416003 Vs. Pan : Aaofp8008R अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Pramod S Shingte Department By : Smt. Saumya Pandey Jain Date Of Hearing : 18-05-2026 Date Of 25-05-2026 Pronouncement : आदेश / Order Per Astha Chandra, Jm : The Above Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 31.10.2025 & 13.10.2025 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)/Nfac”] Pertaining To Assessment Years (“Ay”) 2015-16. In Ita No. 2677/Pun/2025, The Assessee Has Challenged The Quantum Addition Made By The Ld. Assessing Officer (“Ao”) Whereas Ita No. 2723/Pun/2025 Is Filed Against The Levy Of Penalty U/S 271)1)(C) Of The Income Tax Act, 1961 (The “Act”). For The Sake Of Convenience, These Appeals Were Heard Together & Are Being Disposed Of By This Common Order. 2. Briefly Stated, The Facts Of The Case Are That For Ay 2015-16, The Assessee Did Not File Its Return Of Income. Based On The Information Available With The Department, It Was Found That The Assessee Has Made Transactions Of Tds Return Payment To Contractor (Section 194C) Of Rs.4,29,67,200/- During Ay 2015-16 Which Has Not Been Reported Due To Non-Filing Of Return By The Assessee. The Case Of The Assessee Was Thus

For Appellant: Shri Pramod S ShingteFor Respondent: Smt. Saumya Pandey Jain
Section 142(1)Section 147Section 148Section 194CSection 271

Pratibha and Pratik Associates, Kolhapur vs. Income Tax Officer, Kolhapur

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

ITA 2677/PUN/2025[2015-16]Status: DisposedITAT Pune25 May 2026AY 2015-16

Bench: Shri R.K. Panda & Ms. Astha Chandraआयकर अपील सं. / Ita Nos.2677 & 2723/Pun/2025 धििाारण वर्ा / Assessment Year : 2015-16 Pratibha & Pratik Associates, Income Tax Officer, 247/18 E Prithviprasad, Ward – 2(1), Kolhapur Nagala Park, Kolhapur-416003 Vs. Pan : Aaofp8008R अपीलार्थी / Appellant प्रत्यर्थी / Respondent Assessee By : Shri Pramod S Shingte Department By : Smt. Saumya Pandey Jain Date Of Hearing : 18-05-2026 Date Of 25-05-2026 Pronouncement : आदेश / Order Per Astha Chandra, Jm : The Above Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Dated 31.10.2025 & 13.10.2025 Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi [“Cit(A)/Nfac”] Pertaining To Assessment Years (“Ay”) 2015-16. In Ita No. 2677/Pun/2025, The Assessee Has Challenged The Quantum Addition Made By The Ld. Assessing Officer (“Ao”) Whereas Ita No. 2723/Pun/2025 Is Filed Against The Levy Of Penalty U/S 271)1)(C) Of The Income Tax Act, 1961 (The “Act”). For The Sake Of Convenience, These Appeals Were Heard Together & Are Being Disposed Of By This Common Order. 2. Briefly Stated, The Facts Of The Case Are That For Ay 2015-16, The Assessee Did Not File Its Return Of Income. Based On The Information Available With The Department, It Was Found That The Assessee Has Made Transactions Of Tds Return Payment To Contractor (Section 194C) Of Rs.4,29,67,200/- During Ay 2015-16 Which Has Not Been Reported Due To Non-Filing Of Return By The Assessee. The Case Of The Assessee Was Thus

For Appellant: Shri Pramod S ShingteFor Respondent: Smt. Saumya Pandey Jain
Section 142(1)Section 147Section 148Section 194CSection 271