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

Shri Naveen Goyal, Bikaner vs. ITO, Ward-1(1), Bikaner

In the result, the appeal of the assessee is allowed

ITA 551/JODH/2024[2018-19]Status: DisposedITAT Jodhpur26 Feb 2026AY 2018-19

Bench: Dr. Mitha Lal Meena, Hon’Ble & Shri Sudhir Pareek, Hon’Blenaveen Goyal Prop. Vs. Ito Ward 1(1) Naveen Trading Company S-4, Bikaner Anaz Mandi, Bikaner - 334001 Pan No. Babpg 8637 D Assessee By Shri Virendra Jain, Advocate (Virtual) Revenue By Shri Lalit Kumar Bishnoi, Addl. Cit-Dr (Virtual) Date Of Hearing 28.01.2026. Date Of Pronouncement 26.02.2026. Order Dr. Mitha Lal Meena, A.M.: This Appeal Is Filed By Assessee Against The Order Of National Faceless Appeal Centre [Hereinafter Referred To As Nfac] Delhi Dated 21.06.2024 With Respect To Assessment Year 2018-19. 2. Grounds Of Appeal Are As Under: 1. The Ld. Cit(A) Has Erred In Sustaining The Order Passed By Ld. Assessing Officer Which Is Bad In Law & Bad On Facts & Is Contrary To The Principles Of Natural Justice. The Proceedings U/S 144 Are Bad In Law & Bad On Facts. 2. The Ld. Cit(A) Has Erred In Sustaining The Addition Made By Assessing Officer By Assuming Deemed Income Of Commission @ 4% On The Loan Taken Amount 17,50,00,000/- Taxed It At As An Income From Other Source. Both The Authorities Have Totally Ignored Whole Relevant Facts & Documents Submitted By The Appellant. So The Addition So Made Is Arbitrary & Unwarranted. The Unsecured Asst. Year: 2018-19 2 Loan Taken Rs. 17,50,00,000/- During The Year Is Genuine & Fare So The Addition May Kindly Be Quashed. 3. The Ld. Cit(A) Has Erred In Sustaining Interest Charged U/S 234A, 234B & 234C Of The Act. 4. The Appellant Prays For Justice & Relief. 3. The Sole & Common Issue Challenged In The Grounds Of Appeal Pertains To An Addition Rs. 70 Lakh By Treating 4% Deemed Commission On Allegedly Routing Money Of A Director Of The Company By Way Of Treating Shares Of 17.50 Cr As Against Unsecured Loan Of Rs. 17.00 Crore Taken From M/S Vikas Granaries Ltd.

Section 144Section 234A