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

Annamalai Raji, Nellore vs. Income-Tax Officer, Ward-1, Nellore

In the result, appeal filed by the assessee is dismissed in terms of our aforesaid observations

ITA 1342/HYD/2025[2015-2016]Status: DisposedITAT Hyderabad15 May 2026AY 2015-2016

Bench: Shri Manjunatha G. & Shri Ravish Soodआ.अपी.सं /Ita No.1342/Hyd/2025 (िनधा"रण वष"/Assessment Year:2015-16) Annamalai Raji, Vs. Income Tax Officer, Nellore. Ward-1, Pan: Aykpr3460M Nellore. (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri J Saravanan, Advocate राज" व "ारा/Revenue By: Dr. Sachin Kumar, Sr. Ar सुनवाई की तारीख/Date Of Hearing: 12/05/2026 घोषणा की तारीख/Date Of 15/05/2026 Pronouncement: आदेश / Order Per. Ravish Sood, J.M: The Present Appeal Filed By The Assessee Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (For Short, “Cit(A)”), Dated 11/08/2025, Which In Turn Arises From The Order Passed By The Assessing Officer (For Short, “Ao”) Under Section 147 R.W.S 144 R.W.S 144B Of The Income Tax Act, 1961 (For Short, “The Act”), Dated 11/03/2022 For The Assessment Year (Ay) 2020-21. The Assessee Has Assailed The Impugned Order Of The Cit(A) On The Following Grounds Of Appeal:

For Appellant: Shri J Saravanan, AdvocateFor Respondent: Dr. Sachin Kumar, Sr. AR
Section 142(1)Section 147Section 148Section 226(3)Section 250Section 69A

Sampurnanand Sanskrit Vishwavidyalaya, Varanasi vs. Dc/ACIT, Range - 1, Varanasi

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

ITA 118/VNS/2024[2017-2018]Status: DisposedITAT Varanasi14 May 2026AY 2017-2018

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Sampurnanand Sanskrit Vs. Dc/Acit, Vishwavidyalaya, Jagatganj, Range-1, Varanasi Varanasi Pan: Aaajs3379Q (Appellant) (Respondent) Assessee By: Sh. Ankur Srivastava & Sh. M.M. Srivastava, Advocates Revenue By: Smt. Amandeep Kaur, Sr. Dr Date Of Hearing: 18.02.2026 Date Of Pronouncement: 14.05.2026 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 Passed Under Section 250 Of The Income Tax Act, 1961, Wherein The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee In Limine, Filed By The Assessee Against The Order Passed By The Ld. Assessing Officer Passed Under Section 144 For The A.Y. 2017-18 On 12.12.2019. The Grounds Of Appeal Are As Under:- “1. That The Learned Cit Appeal Has Erred In Law As Well As On Facts In Dismissing The Appeal Without Appreciating Or Considering The Merits Of The Appeal. It Is Humbly Prayed That The Order Of Cit Appeal Being Erroneous May Kindly Be Set Aside. 2. The Learned Cit Appeal As Well As Authority Below Erred In Law As Well As On Facts In Treating The Fee Received From Students As Cash Credit Consequently The Addition U/S 69 Made To The Extent Of Rs. 1918611 Being Unlawful May Kindly Be Deleted. 3. That The Appellant Being Assessed As (Status) Of Artificial Juridical Person & Its Income Being Exempt U/S 10(23C)(Iiiab) Read With Rule 2Bbb The Fee Received From Students Being Exempt The Addition Made U/S 69A Is 1 Sampurnanand Sanskrit Vishwavidyalaya A.Y. 2017-18 Unlawful & Liable To Be Deleted. It Is Humbly Prayed That Addition May Kindly Be Deleted & Appeal May Kindly Be Allowed. 4. That The Appellant Craves Leave To Add Modify Or Alter Any Of The Grounds Of Appeal Before The Hearing Of Appeal.”

For Appellant: Sh. Ankur Srivastava & Sh. M.MFor Respondent: Smt. Amandeep Kaur, Sr. DR
Section 10Section 142(1)Section 144Section 250Section 69Section 69A