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

Rupesh Singh, Dehradun vs. Additional/Joint/Deputy/Assistant Commissioner of Income Tax, Dehradun

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

ITA 29/DDN/2026[2020-21]Status: DisposedITAT Dehradun10 Mar 2026AY 2020-21

Bench: Shri Mahavir Singh & Shri Manish Agarwal[Assessment Year : 2020-21] Rupesh Singh Vs Dcit Old Post Office Road Dehradun Banjarawala, Kedarwala Uttarakhand Ajabpur, Dehradun Uttarakhand Pan-Bcfps3008C Appellant Respondent Appellant By Shri Prashant Kochhar, Ca Respondent By Shri Amar Pal Singh, Sr.Dr Date Of Hearing 10.03.2026 Date Of Pronouncement 10.03.2026 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By Assessee Against The Order Dated 23.09.2025 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 06.01.20225 Passed U/S 147 R.W.S. 144 R.W.S. 144B Of The Act Pertaining To Assessment Year 2020-21. 2. From The Perusal Of The Appellate Order, It Is Found That Ld. Cit(A) Has Not Admitted The Appeal As It Was Filed Delay By 50 Days Before The Ld. Cit(A). The Reasons Given In Delay Condonation Petition Was That Due To Ill Health Of The Previous Counsel, Delay Was Occurred In Searching & Appointing New Counsel. It Is Further Claimed That Assessee Is Unaware Of Any Communication, Notice & The Proceedings Initiated By The Department. Thus, Due To These Reasons, The Appeal Was Filed Delayed Before The Ld. Cit(A) By 50 Days. The Reason Being Sufficient, Therefore, It Was Prayed Before The Ld. Cit(A) To Condone The Delay & Decide The Appeal On Merits. It Is Further Observed That Despite Of Several Notices, Assessee Has Failed To Make Any Compliance Before The Ld. Cit(A).

Section 147Section 250

Elite Mining Corporation, Yamunanagar vs. Income Tax Officer Ward-1 Y. Nagar, Yamunanagar

The appeal stand allowed for statistical purposes

ITA 1465/CHANDI/2025[2018-19]Status: DisposedITAT Chandigarh09 Mar 2026AY 2018-19

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं. / Ita No.1465/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2018-19) M/S Elite Mining Corporation Ito Ward-1 Khasra No. 17, 23, 24, Gumthala/21, Yamuna Nagar बनाम/ Vs. Tehsil – Radaur, Yamuna Nagar Haryana 135001 Haryana - 135001 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaffe-4352-E (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Kartik Thapar (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Sh. Manav Bansal (Cit) – Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 09-03-2026 घोषणाकीतारीख /Date Of Pronouncement 09-03-2026 : आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2018-19 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac [Cit(A)] Dated 18-09-2025 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S 144 R.W.S. 263 R.W.S. 144B Of The Act On 20-03-2024. Upon Perusal Of Orders Of Lower Authorities, It Could Be Seen That The Assessee Has Failed To Make Any Effective Representation Before Both The Lower Authorities. The Returned

For Appellant: Sh. Kartik Thapar (CA) – Ld. ARFor Respondent: Sh. Manav Bansal (CIT) – Ld. DR
Section 144