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

Shailendra Vijaykumar Patel, Na vs. Arivs.ITO, Ward 5, Navsari

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

ITA 135/SRT/2025[2018-19]Status: DisposedITAT Surat17 Feb 2026AY 2018-19

Bench: Shri Sanjay Garg & Shri Bijayananda Prusethआयकर अपील सं /Ita No.135/Srt/2025 िनधा"रण वष" /Assessment Year : 2018-19 Shailendra Vijaykumar Patel The Income Tax Officer बनाम/ 1-228 Shivam Ward 5 V/S. Magan Desai Chal Navsari 396 445 Opp. S.T. Depo Navsari 396 445 (Gujarat) "थायी लेखा सं./Pan: Aknpp 7586 K (अपीलाथ(/ Appellant) (!) यथ(/ Respondent) Assessee By : Shri Sapnesh Sheth, Advocate Revenue By : Shri Mukesh Jain, Cit(Dr) सुनवाई की तारीख/Date Of Hearing : 19/11/2025 घोषणा की तारीख /Date Of Pronouncement: 17/02/2026 आदेश/O R D E R Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Dated 10/01/2025 For The Assessment Year (Ay) 2018-19. 2. The Assessee Has Raised The Following Grounds Of Appeal: “1. On The Facts & Circumstances Of The Case As Well As Law On The Subject, The Learned Commissioner Of Income Tax (Appeals) Has Erred In Dismissing The Appeal Of Shailendra Vijaykumar Patel Vs. Ito Asst. Year : 2018-19

For Appellant: Shri Sapnesh Sheth, AdvocateFor Respondent: Shri Mukesh Jain, CIT(DR)
Section 144

Pragnaben Jayeshbhai Patel, Surat Gujarat vs. Income Tax Officer, Surat

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

ITA 885/SRT/2024[2011-12]Status: DisposedITAT Surat17 Feb 2026AY 2011-12

Bench: Shri Sanjay Garg & Shri Bijayananda Prusethआयकर अपील सं /Ita No.885/Srt/2024 िनधा"रण वष" /Assessment Year : 2011-12 बनाम/ Pragnaben Jayeshbhai Patel The Ito V/S. 71, Satyanarayan Society Ward-2(3)(3) Dindoli Surat Surat – 394 210 "थायी लेखा सं./Pan: Bcvpp 2891 Q (अपीलाथ(/ Appellant) (!) यथ(/ Respondent) Assessee By : Shri Krutarth Desai, Ca Revenue By : Shri Ajay Uke, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 19/11/2025 घोषणा की तारीख /Date Of Pronouncement: 17/02/2026 आदेश/O R D E R Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Dated 20/06/2023 For The Assessment Year (Ay) 2011-12. 2. The Assessee Has Raised The Following Grounds Of Appeal: “1. In The Facts & Circumstances Of The Case, The Learned Assessing Officer Has Erred In Make An Addition Of Rs. 15,00,000/- Without Having Any Foundational Facts Which Leads To Reason To Believe That Income Has Escaped Assessment. It Is The Settled Position Of Law That Only Cash Deposit Is Not The Ground Of Initiating Assessment As The Same Is Nothing But The Inquiry By The Learned Assessing Officer & Therefore, Notice Issued Under Section 148 Deserves To Be Quashed & Set Aside. Pragnaben Jayeshbhai Patel Vs. Ito Asst. Year : 2011-12

For Appellant: Shri Krutarth Desai, CAFor Respondent: Shri Ajay Uke, Sr.DR
Section 143(3)Section 144Section 147Section 148Section 69A

Vikramkumar Bhavarlal Dave, Vadodara vs. The ITO, Ward-1(2)(2), Vadodara

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

ITA 828/AHD/2025[2018-19]Status: DisposedITAT Ahmedabad17 Feb 2026AY 2018-19

Bench: Shri Sanjay Garg & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.828/Ahd/2025 िनधा"रण वष" /Assessment Year : 2018-19 Vikramkumar Bhavarlal Dave The Ito बनाम/ C-168, Shivam Duplex Ward-1(2)(2) V/S. Opp. Ambe School Vadodara – 390 007 Manjalpur Vadodara – 390 011 "थायी लेखा सं./Pan: Brqpd 7728 G (अपीलाथ$/ Appellant) (%& यथ$/ Respondent) Assessee By : Shri Prashant Upadhyay, Ca Revenue By : Shri Alpesh Parmar, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 19/11/2025 घोषणा की तारीख /Date Of Pronouncement: 17/02/2026 आदेश/O R D E R Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Cit(A)’] Dated 07/11/2024 Passed U/S.250 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) For The Assessment Year (Ay) 2018-19. 2. The Assessee, In This Appeal, Is Aggrieved By The Action Of The Ld. Cit(A) In Confirming The Addition Made By The Assessing Officer (Ao) Of Rs.3,01,65,800/- On Account Of Bogus/Unexplained Expenditure. Vikramkumar Bhavarlal Dave Vs. Ito Asst.Year : 2018-19

For Appellant: Shri Prashant Upadhyay, CAFor Respondent: Shri Alpesh Parmar, CIT-DR
Section 144BSection 147Section 148Section 250Section 69C