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

M/S. M. S Luvish Infotech Projects Pvt Ltd, Mumbai vs. ACIT Circle -2(2)(1), Mumbai

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

ITA 8993/MUM/2025[2019-20]Status: DisposedITAT Mumbai12 May 2026AY 2019-20

Bench: Shri Amit Shukla& Shri Makarand Vasant Mahadeokarm/S. M.S. Acit, Circle – 2(2)1, Luvishinfotech Tax (Appeals) Nfac, Projects Pvt. Ltd., Vs. Mumbai, Cts 102/2, Sai Armaa, Maharashtra- 400020 Raut Lane, Mumbai, Maharashtra – 400020. Pan/Gir No. Aadcm4966H (Applicant) (Respondent) Assessee By Mr. Mansvi Singh Revenue By Shri Annavaramkosuri, Sr. Ar Date Of Hearing 02.04.2026 Date Of Pronouncement 12.05.2026 आदेश / Order Per Makarand Vasant Mahadeokar, Am: This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre, Delhi [Hereinafter Referred To As “Cit(A)”] Under Section 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As "The Act"] Dated 14.10.2025 For 2 Luvish Infotech Projects Pvt Ltd. Assessment Year 2019–20 Arising Out Of The Assessment Order Passed Under Section 147 Read With Sections 144 & 144B Of The Act Dated 11.03.2025. Facts Of The Case 2. The Assessee Is A Company Engaged In The Business Of Leasing Commercial Property. For The Year Under Consideration, The Assessment Was Reopened Based On Information Received From The Investigation Wing That Certain Parties Were Engaged In Providing Accommodation Entries In The Form Of Bogus Invoices Without Actual Supply Of Goods Or Services. On The Basis Of Such Information, Proceedings Under Section 148A Were Initiated & Thereafter Notice Under Section 148 Was Issued On 12.04.2023. During The Reassessment Proceedings, The Assessing Officer Observed That The Assessee Had Claimed Purchases Aggregating To Rs. 54,04,045/- From Two Parties, Namely:  M/S Ketan Suresh Bhawar – Rs. 24,91,000/-  M/S Manoj Kumar Varada Ram – Rs. 29,13,045/- These Parties Were Allegedly Identified As Non-Genuine Entities Issuing Accommodation Bills.

Section 115BSection 142(1)Section 147Section 148Section 148ASection 250Section 69C