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

Sarada Buildcon Private Limited, Jajpur vs. The Assistant Commissioner of Income Tax, Circle-1(1), Cuttack

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

ITA 728/CTK/2025[2006-07]Status: DisposedITAT Cuttack18 Feb 2026AY 2006-07

Bench: Shri George Mathan & Shri Madhusudan Sawdiaआयकर अपील सं/Ita No.728/Ctk/2025 ("नधा"रण वष" / Assessment Year : 2006-2007) Vs Acit, Circle-1(1), Cuttack Sarada Buildcon Private Limited, At -Plot No.1425, Bank Street, Jajpur Road, Jajpur-755019 Pan No. :Aahcs 7412 E (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri P.K.Mishra & Narahari Swain, Ars राज"व क" ओर से /Revenue By : Shri Vijay Singh, Sr. Dr सुनवाई क" तार"ख / Date Of Hearing : 18/02/2026 घोषणा क" तार"ख/Date Of Pronouncement : 18/02/2026 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld.Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 21.09.2025 For The Assessment Year 2006-2007. 2. The Appeal Of The Assessee Is Delayed By 13 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Supported With An Affidavit Stating Therein Sufficient Reasons For Delay In Filing The Appeal Before The Tribunal, Which Are Not Found To Be False. Ld. Sr. Dr Did Not Object To Condone The Delay. Accordingly, We Condone The Delay Of 13 Days In Filing The Appeal Before The Tribunal & Appeal Of The Assessee Is Admitted For Hearing. 3. It Was Submitted By The Ld.Ar That The Assessment Order Is An Ex- Parte Order. The Ld. Cit(A) Has Dismissed The Appeal Of The Assessee On Account Of Delay Of 3887 Days. It Was Submission That The Assesses’S

For Appellant: Shri P.K.Mishra & Narahari Swain, ARsFor Respondent: Shri Vijay Singh, Sr. DR
Section 144

Hotel Selection Grand, Tadepalligudem vs. Income Tax Officer, Ward-1, Tadepalligudem

ITA 741/VIZ/2025[2016-17]Status: DisposedITAT Visakhapatnam18 Feb 2026AY 2016-17

Bench: Shri Ravish Sood, Hon'Ble & Shri Omkareshwar Chidara, Hon'Bleआयकर अपीलसं./I.T.A.No.741/Viz/2025 (निर्धारण वर्ष / Assessment Year:2016-17) Hotel Selection Grand Gollagundam Centre K.N. Road Tadepalligudem-534101 Andhra Pradesh [Pan: Aakfh0778C] Vs. Income Tax Officer, Ward -1 Aayakar Bhavan, 2-1-56/1 Opp. Punjab National Bank K.N.Road, Tadepalligudem – 534101 Andhra Pradesh करदाता का प्रतिनिधित्व/ Assessee Represented By राजस्व का प्रतिनिधित्व/ Department Represented By सुनवाई समाप्त होने की तिथि/ Date Of Conclusion Of Hearing घोषणा की तारीख/Date Of Pronouncement Per Ravish Sood, Jm: : Shri I. Kama Sastry, Ca : Sri K.Prasad, Sr.Dr : 12.02.2026 : 18.02.2026 आदेश /Order The Present Appeal Filed By The Assessee Firm Is Directed Against The Order Passed By The Commissioner Of Income Tax (Appeals), Visakhapatnam-3, Dated 24.10.2025, Which In Turn Arises From The Order Passed By The Assessing Officer (For Short "A.O”) Under Section 147 R.W.S. 144 Of The Income-Tax Act, 1961 (For Short, "The Act"), Dated 06.01.2025 For The Assessment Year 2016-17. The Assessee Firm Has Assailed The Impugned Order On The Following Grounds Of Appeal Before Us: "1. The Notice Under Section 148 Issued On 18.04.20232 For The

Section 115BSection 142ASection 147Section 148Section 148ASection 149(1)(b)Section 151ASection 234ASection 69A

Karamjit Singh Toor, Ludhiana vs. Jao the Income Tax Officer Ward 3, Khanna

The appeal stand allowed for statistical purposes

ITA 1527/CHANDI/2025[2018-2019]Status: DisposedITAT Chandigarh18 Feb 2026AY 2018-2019

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं. / Ita No.1527/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2018-19) Shri Karamjit Singh Toor Ito Village Barmalipur, Near Bija बनाम/ Vs. Ward-3 Ludhiana – 141416 Khanna - 141401 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Fmpps-8259-R (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/Appellant By : Sh. Sudhir Sehgal (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Sh. Vivek Vardhan (Addl. Cit) - Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 17.02.2026 घोषणाकीतारीख /Date Of Pronouncement : 18.02.2026 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 Dated 16-01-2025 In The Matter Of An Assessment Framed By Ld. Ao On Best Judgment Basis U/S 144 On 19-04-2021. In The Assessment Order, Ld. Ao Made Addition Of Rs.40.16 Lacs Which Represent Agricultural Income As Shown By The Assessee. The Assessee Failed To Make Any Representation During Assessment

For Appellant: Sh. Sudhir Sehgal (Advocate) – Ld. ARFor Respondent: Sh. Vivek Vardhan (Addl. CIT) - Sr. DR
Section 144

Jaswinder Singh, Barnala vs. The Income Tax Officer Ward-1, Barnala

The appeal stand allowed for statistical purposes

ITA 1524/CHANDI/2025[2017-2018]Status: DisposedITAT Chandigarh18 Feb 2026AY 2017-2018

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकर अपील सं. / Ita No.1524/Chandi/2025 (िनधा"रण वष" / Assessment Year: 2017-18) Shri Jaswinder Singh Ito S/O Shri Jaggar Singh Ward-1 बनाम/ Vs. Patti Basso, Vill. Pakho Kalan Barnala - 148108 Barnala (Punjab) – 148108 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Ebzps-8593-E (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/Appellant By : Sh. Sudhir Sehgal (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Sh. Vivek Vardhan (Addl. Cit) - Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 17.02.2026 घोषणाकीतारीख /Date Of Pronouncement : 18.02.2026 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2017- 18 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac Dated 23-09-2025 In The Matter Of An Assessment Framed By Ld. Ao On Best Judgment Basis U/S 144 On 27-12-2019. In The Assessment Order, Ld. Ao Made Twin Additions Of Rs.37 Lacs For Want Of Any Representation From The Assessee. The Ld. Cit(A) Did Not Condone The Delay Of 790 Days & Also Endorsed The Action Of Ld.

For Appellant: Sh. Sudhir Sehgal (Advocate) – Ld. ARFor Respondent: Sh. Vivek Vardhan (Addl. CIT) - Sr. DR
Section 144