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

Dinesh Soaps and Detergents, Kanpur vs. The Assistant Commissioner of Income Tax, Kanpur

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

ITA 669/LKW/2025[2017-18]Status: DisposedITAT Lucknow24 Sept 2026AY 2017-18

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Dinesh Soaps & Detergents, Vs. The Asstt. Commissioner Of Income 3/44 Vishnupuri, Kanpur Tax, Kanpur Pan: Aacfd1610M (Appellant) (Respondent) Assessee By: Sh. Rakesh Garg, Advocate Revenue By: Sh. Puneet Kumar, Cit Dr Date Of Hearing: 12.08.2026 Date Of Pronouncement: 24.09.2026 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 Dated 21.08.2025, Wherein The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee Against The Order Passed By The Ld. Assessing Officer For The Assessment Year 2017-18, Passed Under Section 143(3) Of The Income Tax Act, 1961 On 6.12.2019. The Grounds Of Appeal Are As Under:- “A. Because, On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Passed An Order Dated 21.08.2025 Which Is Erroneous, Bad In Law & Contrary To The Principles Of Natural Justice. B. Because, On The Facts & Circumstances Of The Case & In Law, The Ld. Cit[A] Has Erred By Not Admitting The Additional Evidence Filed By The Appellant Under Rule 46A Of The Income-Tax Rules, 1962, Thereby Violating The Principles Of Natural Justice. C. Because, On The Facts & Circumstances Of The Case & In Law, The Ld. Cit[A] Has Failed To Appreciate That The Appellant Was Prevented By "Sufficient Cause", Being Multiple Tragic Deaths In The Family Leading To Severe Mental Distress & Business Closure, From Producing The Said Evidence Before The Assessing Officer.

For Appellant: Sh. Rakesh Garg, AdvocateFor Respondent: Sh. Puneet Kumar, CIT DR
Section 115BSection 143(3)Section 144Section 43BSection 68

Priya Nigam, Lucknow vs. NFAC Delhi/ITO-3(1), Lucknow

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

ITA 1010/LKW/2025[2021-22]Status: DisposedITAT Lucknow24 Sept 2026AY 2021-22

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2021-22 Priya Nigam, Vs. Ito-3(1), Lucknow 490/1 Ka, Nazier Ganj, Daliganj, Near Bsnl Tower, Lucknow Pan: Atipn0438L (Appellant) (Respondent) Assessee By: Sh. Prashant Verma, Adv Revenue By: Smt. Pratibha Singh, Addl Cit Dr Date Of Hearing: 24.08.2026 Date Of Pronouncement: 24.09.2026 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 Dated 8.08.2025, Wherein The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee Against The Order Passed By The Ld. Assessing Officer Under Section 143(3) For The Assessment Year 2021-22 Dated 27.12.2022. The Grounds Of Appeal Are As Under:- “01. Because, The Id. Cit (A) Has Failed To Know The Facts & Circumstances Of The Case & Has Arbitrarily Give The Decision Thereof Is Bad In Law & Liable To Quashed. 02.Because, The Id. Cit (A) Has Erred While Not Giving An Opportunity Of Being Heard & Dismissing The Appeal Merely On The Grounds Of Delay, Hence It Is Bad In Law & Against The Principles Of Natural Justice "Audi Alteram Partem" Of Constitution Of India. 03.Because, The Id. Ao Has Failed To Consider Reply & Submission Alongwith Supporting Documents Filed By The Appellant During Assessment Proceeding Is Not Justified By Law & Assessment Order Passed By The Id. Ao Is Liable To Be Quashed.

For Appellant: Sh. Prashant Verma, AdvFor Respondent: Smt. Pratibha Singh, Addl CIT DR
Section 133(6)Section 143(3)