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

Suman Verma, Lucknow vs. ITO-2(1), Lucknow-New, Lucknow

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

ITA 563/LKW/2024[2015-16]Status: DisposedITAT Lucknow06 Apr 2026AY 2015-16

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2015-16 Suman Verma, Vs. Ito-2(1), 424, Samesi Anshik Mohanlalganj, Lucknow-New Lucknow, U.P. Pan: Anfpv3733M (Appellant) (Respondent) Assessee By: None Revenue By: Sh. Amit Kumar, Dr Date Of Hearing: 17.03.2026 Date Of Pronouncement: 6.04.2026 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 Dismissing The Appeal Of The Assessee That She Had Filed Against The Orders Of The Assessing Officer Under Section 147 R.W.S. 144(4) For The Assessment Year 2015-16. The Grounds Of Appeal Are As Under:- “1. Because On The Facts & The Circumstances Of The Case, The Commissioner Of Income Tax (Appeals) Has Erred In The Fact & Law That The Entries Mentioned In The Order Under Section 148A(D) Of The Act, Of Rs. 95,41,537/- Two Times Are The Repeat Entries As The Bank Statement Was Available With A.O. During The Assessment Proceedings. 2. Because On The Facts & In The Circumstances Of The Case The Ld. Commissioner Of Income Tax (Appeals) Has Ignored The Fact That From The Proceedings Initiated Under Section 148A(D) Of The Income Tax Act, Till The Disposal Of The First Appeal, The Appellant Due To Unawareness Of Her Legal Obligations Could File Any Of Her Explanations/ Submissions At Any Stage Of The Scrutiny Or Appellate Proceedings & Did Not Get Proper Opportunity Of Being Heard. 3. Because On The Facts & In The Circumstances Of The Case The Ld. Commissioner Of Income Tax (Appeals) Has Also Totally Ignored The Fact That There Was No Cash Deposit During The Year In Question & Only Interest On Term Deposits Was Earned During The Year In Question, Which Is Also Reflecting In Form 26As.

For Appellant: NoneFor Respondent: Sh. Amit Kumar, DR
Section 115BSection 133(6)Section 142(1)Section 144Section 147Section 148Section 148ASection 69A

Manoj Gupta, Fatehgarh Sahib vs. Income Tax Officer, Mandi Gobindgarh

In the result, both the appeals of the assessee are allowed for statistical purposes

ITA 792/CHANDI/2025[2018-19]Status: DisposedITAT Chandigarh06 Apr 2026AY 2018-19

Bench: Shri Laliet Kumar & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 791/Chd/ 2025 िनधा"रण वष" / Assessment Year : 2017-18 Manoj Gupta., Vesus Ito, H. No. 106, Sector 4C, Mandi Gobindgarh Shastri Nagr, Mandi Gobindgarh, Fatehgarh Sahib, 147301 "ायी लेखा सं./Pan No: Aimpg1074C अपीलाथ"/Appellant ""थ"/Respondent & आयकर अपील सं./ Ita No. 792/Chd/ 2025 िनधा"रण वष" / Assessment Year : 2018-19 Manoj Gupta., Vesus Ito, H. No. 106, Sector 4C, Mandi Gobindgarh Shastri Nagr, Mandi Gobindgarh, Fatehgarh Sahib, 147301 "ायी लेखा सं./Pan No: Aaach3948K अपीलाथ"/Appellant ""थ"/Respondent िनधा"रती की ओर से/Assessee By : Sh. Ashray Sarna, Ca (Virtual Mode) राज" की ओर से/ Revenue By : Sh. Vivek Aggarwal, Cit Dr सुनवाई की तारीख/Date Of Hearing : 25.03.2026 उदघोषणा की तारीख/Date Of Pronouncement : 06/04/2026 आदेश/Order Per Bench: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Passed By The Ld. Commissioner Of Income Tax

For Appellant: Sh. Ashray Sarna, CAFor Respondent: Sh. Vivek Aggarwal, CIT DR
Section 144Section 69A

Manoj Gupta, Fatehgarh Sahib vs. Income Tax Officer, Mandi Gobindgarh

In the result, both the appeals of the assessee are allowed for statistical purposes

ITA 791/CHANDI/2025[2017-18]Status: DisposedITAT Chandigarh06 Apr 2026AY 2017-18

Bench: Shri Laliet Kumar & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 791/Chd/ 2025 िनधा"रण वष" / Assessment Year : 2017-18 Manoj Gupta., Vesus Ito, H. No. 106, Sector 4C, Mandi Gobindgarh Shastri Nagr, Mandi Gobindgarh, Fatehgarh Sahib, 147301 "ायी लेखा सं./Pan No: Aimpg1074C अपीलाथ"/Appellant ""थ"/Respondent & आयकर अपील सं./ Ita No. 792/Chd/ 2025 िनधा"रण वष" / Assessment Year : 2018-19 Manoj Gupta., Vesus Ito, H. No. 106, Sector 4C, Mandi Gobindgarh Shastri Nagr, Mandi Gobindgarh, Fatehgarh Sahib, 147301 "ायी लेखा सं./Pan No: Aaach3948K अपीलाथ"/Appellant ""थ"/Respondent िनधा"रती की ओर से/Assessee By : Sh. Ashray Sarna, Ca (Virtual Mode) राज" की ओर से/ Revenue By : Sh. Vivek Aggarwal, Cit Dr सुनवाई की तारीख/Date Of Hearing : 25.03.2026 उदघोषणा की तारीख/Date Of Pronouncement : 06/04/2026 आदेश/Order Per Bench: These Two Appeals Filed By The Assessee Are Directed Against The Separate Orders Passed By The Ld. Commissioner Of Income Tax

For Appellant: Sh. Ashray Sarna, CAFor Respondent: Sh. Vivek Aggarwal, CIT DR
Section 144Section 69A

Randhir Singh, Punjab vs. DCIT/ACIT(Cen)-1 Chd, Chandigarh

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

ITA 1255/CHANDI/2025[2017-18]Status: DisposedITAT Chandigarh06 Apr 2026AY 2017-18

Bench: Shri Laliet Kumar & Shri Krinwant Sahayआयकर अपील सं./ Ita No. 1255/Chd/ 2025 िनधा"रण वष" / Assessment Year : 2017-18 Randhir Singh, Vesus The Dcit / Acit Plot No. 2584, Sec. 69, Cent)-1, Urban Estate, Chandigarh Mohali "ायी लेखा सं./Pan No: Azdps5574K अपीलाथ"/Appellant ""थ"/Respondent िनधा"रती की ओर से/Assessee By : Sh. Parikshit Aggarwal, Ca राज" की ओर से/ Revenue By : Dr. Ranjit Kaur, Addl. Cit Dr सुनवाई की तारीख/Date Of Hearing : 25.03.2026 उदघोषणा की तारीख/Date Of Pronouncement : 06. 04.2026 आदेश/Order Per Laliet Kumar, J.M: This Appeal Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-3, Gurgaon, Dated 31.07.2025, Passed Under Section 250(6) Of The Income Tax Act, 1961, For The Assessment Year 2017–18. 2. Briefly Stated, The Facts Of The Case, As Emanating From The Assessment Order & The Record, Are That The Assessment In The Present Case Was Completed Under Section 144 Of The Act. The Assessing Officer, On The Basis Of Information Received Under ‘Operation Clean Money’, Noticed That The Assessee Had Made Substantial Cash Deposits In His Bank Accounts During The Year Under Consideration. The Assessee Did Not Comply With The 2 1255-Chd-2025 Statutory Notices Issued From Time To Time & Failed To Furnish The Return Of Income As Well As Any Explanation Regarding The Nature & Source Of The Cash Deposits.

For Appellant: Sh. Parikshit Aggarwal, CAFor Respondent: Dr. Ranjit Kaur, Addl. CIT DR
Section 115BSection 133(6)Section 144Section 250(6)Section 69Section 69A