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

Pramod Kumar, Kurdi, Manglour vs. Commissioner of Income Tax Appeal, Dehradun

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

ITA 4/DDN/2026[2022 2023]Status: DisposedITAT Dehradun12 Mar 2026

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwal[Assessment Year : 2022-23] Pramod Kumar Vs Cit Appeal Kurdi Manglour, Manglaur, Karanpur Uttarakhand Uttarakhand Pan-Awopk3370R Appellant Respondent Appellant By Ms. Nidhi Saini, Ca Respondent By Shri Amar Pal Singh, Sr.Dr Date Of Hearing 11.03.2026 Date Of Pronouncement 12.03.2026 Order Per Bench The Present Appeal Is Filed By Assessee Against The Order Dated 26.12.2025 By Ld. Commissioner Of Income Tax (A), Nfac, Delhi [“Ld.Cit(A)”] Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 23.03.2024 Passed U/S 144 R.W.S. 144B Of The Act Pertaining To Assessment Year 2022-23. 2. Heard The Contentions Of Both The Parties & Perused The Material Available On Record. It Is Found From Record That This Appeal Is Dismissed By Ld. Cit(A) As The Same Was Filed Delayed. The Claim Of The Assessee Is That Assessment Order Was Physically Served On 13.09.2024 & The Appeal Was Filed On 21.01.2024 Therefore, There Was No Delay In Filing The Appeal Before Ld. Cit(A) Who Has Not Appreciated These Facts. We Condoned The Delay If Any, In Filing First Appeal Before Ld. Cit(A) & Restore The Matter To Ao As The Assessment Order Is Also Passed U/S 144 Of The Act. The Assessee Is Directed To File All The Necessary Evidences To Substantiate The Claim Made. Ao Is Directed To Pass The Order Denovo Afresh After Considering The Submissions Filed By The Assessee. With These Directions, The Appeal Filed By The Assessee Is Allowed For Statistical Purposes.

Section 144Section 250

Horrawala Kishan Sewa Sahkari Samiti Lamited Horrawala, Dehradun vs. I T O, Ward- 1 (1)(1), Dehradun

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

ITA 34/DDN/2026[2019-20]Status: DisposedITAT Dehradun12 Mar 2026AY 2019-20

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwal[Assessment Year : 2019-20] Horrawala Kisan Sewa Vs Ito Sahkari Samiti Limited Ward-1(1)(1) Horrawal, Dehradun, Dehradun Uttarakhand-248001 Uttarakhand Pan-Aagfh4362L Appellant Respondent Appellant By Shri Sushil Kumar, Adv. Respondent By Ms. Poonam Sharma, Cit Dr Date Of Hearing 11.03.2026 Date Of Pronouncement 12.03.2026 Order Per Bench: The Present Appeal Is Filed By Assessee Against The Order Dated 23.12.2025 Passed By Ld. Commissioner Of Income Tax (A)/Addl/Jcit(A)-1, Ahmedabad [“Ld. Cit(A)”] Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of Assessment Order Dated 13.02.2024 Passed U/S 147 R.W.S. 144 R.W.S. 144B Of The Act Pertaining To Assessment Year 2019-20. 2. Heard The Contentions Of Both The Parties At Length & Perused The Material Available On Record. Both The Orders Of Ao As Well As Ld. Cit(A) Are Ex-Parte For The Reason Of Non-Prosecution On The Part Of The Assessee. Looking To The Facts Of The Case & In The Interest Of Justice, One More Opportunity Is Provided To The Assessee To Represent Its Case & Accordingly, Matter Is Restored To The File Of Ao To Pass The Order Denovo Afresh. The Assessee Is Directed To Participate In The Remand Proceedings Before The Ao & File All The Necessary Evidences To Substantiate The Source Of Cash Deposited Into Bank. With These Directions, All The Grounds Of Appeal Raised By The Assessee Are Allowed For Statistical Purposes.

Section 147Section 250