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

Nabanita Medhi, Goalpara vs. ITO, Ward Goalpara, Goalpara

Appeal of the assessee is allowed for statistical purposes

ITA 163/GTY/2026[2017-18]Status: DisposedITAT Guwahati18 May 2026AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishraassessment Year: 2017-18 Nabanita Medhi…………………………………………………..…..Appellant Kalitapara, Goalpara Town Assam-783101 [Pan: Bkdpm6847B] Vs. Ito, Ward, Goalpara…………..……...……………………………..Respondent Assam-783101 Appearances By: Shri Nitin Sharma, Fca, Appeared On Behalf Of The Appellant. Shri Santosh Kumar Karnani, Addl. Cit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 14, 2026 Date Of Pronouncing The Order : May 18, 2026 Order Per Sonjoy Sarma: The Present Appeal Filed By The Assessee Is Directed Against The Order Dated 28.01.2026 Passed By The Nfac, Delhi [Hereinafter Referred To As The ‘Ld. Cit(A)] U/S 250 Of The Income Tax Act, 1961 (The ‘Act’) For The Assessment Year 2017-18. 2. Brief Facts Of The Case Are That The Assessee Did Not File A Return Of Income U/S 139 Of The Act For The Assessment Year 2017-18. Information Was Received Through The Compliance Management Strategy (Cms) Of Cbdt By The Assessing Officer Indicating That There Were Substantial Financial Transactions In The Case Of The Assessee. The Information Revealed Total Credits, Including Cash Deposits In The Current Account Maintained With Assam Gramin Vikash Bank, Goalpara, Amounting To Rs.2,52,35,581/- & Tds U/S 194C From M/S Goldcrest Services Private

Section 139Section 142(1)Section 145(3)Section 147Section 148Section 148ASection 194CSection 250

Aruna, Ambala vs. Income Tax Officer, Ward-1, Ambala

The appeal stand allowed for statistical purposes

ITA 1707/CHANDI/2025[2012-13]Status: DisposedITAT Chandigarh18 May 2026AY 2012-13

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं. / Ita No.1707/Chandi/2025 (िनधा"रणवष" / Assessment Year: 2012-13) Aruna Ito Ward-1 C/O Shri Tejmohan Singh (Adv.) Ambala - 133001 बनाम/ Vs. #527, Sector-10-D Chandigarh-160011 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Bivpa-8744-H (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Shri Tejmohan Singh (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Shri Vivek Vardhan (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 14-05-2026 घोषणाकीतारीख /Date Of Pronouncement 18-05-2026 : आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2012-13 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac [Cit(A)] Dated 24-01-2024 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] On Best Judgment Basis U/S 144 R.W.S. 147 Of The Act On 26-11-2019. Having Heard Rival Submissions, The Appeal Is Disposed-Off As Under.

For Appellant: Shri Tejmohan Singh (Advocate) – Ld. ARFor Respondent: Shri Vivek Vardhan (Addl. CIT) – Ld. Sr. DR
Section 144Section 148

Arabilachi Vyavasaya Seva Shankar Sangha Limited, Shimoga vs. Income Tax Officer, Ward-1 & Tps, Shimoga

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

ITA 2736/BANG/2025[2019-2020]Status: DisposedITAT Bangalore18 May 2026AY 2019-2020

Bench: Shri Prashant Maharishi & Shri Soundararajan Kassessment Year : 2019-20 M/S. Arabilachi Vyavasaya Seva Vs. Ito, Shakar Sangha Ltd., Ward – 1 & Tps, Arebo;Acjo Vssn Ltd., Arabilachi, Shimoga. Arabilchi B.O Arebilachi, Shimoga – 577 233. Pan : Aabaa 7189 A Appellant Respondent Assessee By : Shri. Narendra Sharma, Advocate Revenue By : Shri. N. Balusamy, Jcit(Dr)(Itat), Bengaluru. Date Of Hearing : 25.02.2026 Date Of Pronouncement : 18.05.2026 O R D E R Per Soundararajan K: This Appeal Is Filed By The Assessee Against Order Of Nfac, Delhi, Dated 30.09.2020 For The Assessment Year 2019-20. 2. Brief Facts Of The Case Are That Assessee Is A Credit Co-Operative Society Registered Under The Provisions Of Karnataka Co-Operative Societies Act. The Assessee Had Not Filed Its Return Of Income & The Ao Based On The High Value Transaction, Had Issued Notice Under Section 148 Of The Act. Even For The Said Notice Issued Under Section 148 Of The Act, Assessee Had Not Responded. It Is The Case Of The Ao That The Assessee Had Deposited Into Their Bank Account A Sum Of Rs.74,11,000/- & Rs.1,54,97,000/- & Page 2 Of 5

For Appellant: Shri. Narendra Sharma, AdvocateFor Respondent: Shri. N. Balusamy, JCIT(DR)(ITAT), Bengaluru
Section 133(6)Section 142(1)Section 144Section 148Section 148ASection 69A