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

Sanya Dawar, Delhi vs. ITO Ward 35(1), Delhi

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

ITA 1163/DEL/2026[2017-18]Status: DisposedITAT Delhi18 Sept 2026AY 2017-18

Bench: Shri Vimal Kumar & Shri Manish Agarwalsanya Dawar Income Tax Officer, C/O Ca Vaibhav Goel, Ward-35(1), 75 Navyug Market, Vs. Delhi. 1St Floor, Ghaziabad, Uttar Pradesh-201001. Pan-Cmnpd7167E (Appellant) (Respondent) Assessee By Shri Vaibhav Goel, Ca Department By Ms. Harpreet Kaur Hansara, Sr. Dr Date Of Hearing 22/07/2026 Date Of Pronouncement 22/07/2026 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [‘Cit(A)’ In Short] In Appeal No. Cit(A), Delhi-12/10237/2019- 20 Dated 05.11.2025 Passed U/S 250 Of The Income Tax Act, 1961 (The Act, In Short) Arising Out Of The Assessment Order Dated 30.12.2019 Passed U/S 144 Of The Act For Assessment Year 2017-18. 2. Briefly Stated The Facts Are That Assesse Is An Individual & Filed Its Return Of Income Declaring Total Income At Rs.4,23,080/-. The Case Of The Assessee Was Selected For Complete Scrutiny For The Reason That Cash Was Deposited During Demonetization Period. Notice U/S 143(2) Of The Act Was Issued On 24.09.2018, However, Before The Ao Assessee Has Not Made Any Compliance To Any Of The Sanya Dawar Vs. Ito Notices Issued, Accordingly, The Ao Has Passed The Order U/S 144 Of The Act An Income Of Rs.55,02,130/- By Making Various Additions Which Include The Cash Deposited During The Demonetization Period Of Rs.40,75,000/- Holding As Unexplained Money U/S 69A Of The Act.

Section 115BSection 143(2)Section 144Section 250Section 69A

Shahdhar Copper Industries, Srinagar vs. Income Tax Officer Ward-3, Srinagar

The appeal stand allowed for statistical purposes

ITA 721/ASR/2025[2017-18]Status: DisposedITAT Amritsar17 Sept 2026AY 2017-18

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.721/Asr/2025 (िनधा"रणवष" / Assessment Year: 2017-18) Shahdhar Copper Industries Ito Ward – 3 बनाम/ Vs. Hamambal Khanyar, Srinagar Srinagar Jammu & Kashmir – 190002 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Abdfs-7855-D (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Upender Bhat (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Mrs. Neerja Sharma (Addl. Cit) - Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 10-09-2026 घोषणाकीतारीख /Date Of Pronouncement 17-09-2026 : 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 [Cit(A)] Dated 07.08.2025 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] On Best Judgment Basis U/S 144 Of The Act On 31.12.2019. In The Assessment Order, Ld. Ao Made Addition Of Cash Deposits For Rs.15.25 Lacs For Want Of Any Representation From Assessee Therein. During First Appeal, The Assessee

For Appellant: Sh. Upender Bhat (CA) – Ld. ARFor Respondent: Mrs. Neerja Sharma (Addl. CIT) - Ld. Sr. DR
Section 144

Shri Mohmad Aasim Paddar, Ananthnag vs. Income Tax Officer Ward, Udhampur

The appeal stands allowed for statistical purposes

ITA 716/ASR/2025[2016-17]Status: DisposedITAT Amritsar17 Sept 2026AY 2016-17

Bench: Hon’Ble Shri Laliet Kumar, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.716/Asr/2025 (िनधा"रणवष" / Assessment Year: 2016-17) Shri Mohmad Aasim Padder Ito Ward Seer, Seer Hamdan Udhampur बनाम/ Vs. Seer Kanil Gund S.O., Jammu & Kashmir Ashimuqam, Ananthnag Jammu & Kashmir– 192129 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aytpp-1136-B (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Mohd Iqbal Untoo (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Mrs. Neerja Sharma (Addl. Cit) - Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 10-09-2026 घोषणाकीतारीख /Date Of Pronouncement 17-09-2026 : आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2016-17 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac [Cit(A)] Dated 15.07.2025 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S 147 R.W.S. 144 R.W.S. 144B Of The Act On 16.01.2024. In The Assessment Order, Ld. Ao Assessed Income Of Rs.16.52 Lacs On Best Judgment Basis Which Stood

For Appellant: Sh. Mohd Iqbal Untoo (CA) – Ld. ARFor Respondent: Mrs. Neerja Sharma (Addl. CIT) - Ld. Sr. DR
Section 147