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

Birju Kumar, Patna vs. ITO, Ward- 4 (1), Patna

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

ITA 296/PAT/2025[2018-19]Status: DisposedITAT Patna09 Jan 2026AY 2018-19

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.296/Pat/2025 Assessment Year: 2018-19 Birju Kumar…………………….………………. …………………....Appellant Daulatpur Masaurhi, Patna, Bihar- 804452.. [Pan: Daspk0454F] Vs. Ito, Ward-4(1), Patna………..…..……………..………………….…..... Respondent Appearances By: None Appeared On Behalf Of The Appellant. Md. A H Chowdhury Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 05, 2026 Date Of Pronouncing The Order : January 09, 2026 आदेश / Order Per Sonjoy Sarma: The Present Appeal Filed By The Assessee Is Directed Against The Order Dated 24.04.2025 Passed By The Nfac, Delhi U/S 250 Of The Income Tax Act, 1961 (The ‘Act’) For The Assessment Year 2018-19. 2. Brief Facts Of The Case Are That The Assessee’S Case Was Reopened By Issuance Of Notice Under Section 148 Of The Income-Tax Act, 1961, On The Basis Of Information Received Through Form 26As / Statement Of Specified Financial Transactions (Sft) Under Section 285Ba(1), Indicating Cash Withdrawals Amounting To ₹1,07,38,557 During The Relevant Previous Year. The Assessee Did Not File Return Of Income In Response To The Notice Under Section 148. Thereafter, Notices Under Sections 142(1) & 143(2) Were Issued On Various Dates. Despite Issuance Of Statutory Notices, The Assessee Failed To Comply & Did Not

Section 147Section 148Section 250Section 285B

Sanddep Tiwari, West Champaran vs. ITO Ward 1(5), Bettiah, West Champaran

In the result, the appeal of the assessee is allowed to the extent indicated above

ITA 255/PAT/2025[2017-2018]Status: DisposedITAT Patna09 Jan 2026AY 2017-2018

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.255/Pat/2025 Assessment Year: 2017-18 Sandeep Tiwari..…………….………………. …………………....Appellant Vill: Alitolla, Po Thakraha, Via Nechua Jalalpur, West Champaran, Bettiah, Bihar- 841503.. [Pan: Apopt9064Q] Vs. Ito, Ward-1(5), Bettiah…....…..……………..………………….…..... Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singla, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 08, 2026 Date Of Pronouncing The Order : January 09, 2026 आदेश / Order Per Sonjoy Sarma: The Present Appeal Filed By The Assessee Is Directed Against The Order Dated 24.05.2025 Passed By The Nfac, Delhi U/S 250 Of The Income Tax Act, 1961 (The ‘Act’) For The Assessment Year 2017-18. 2. Brief Facts Of The Case Are That As Per Information Available On The Aims Module Of The Income-Tax Department, It Was Noticed That During The Period 09.11.2016 To 30.12.2016 (Demonetisation Period), The Assessee Had Made Cash Deposits Of ₹10,00,000 In His Bank Account Maintained With Bank Of India. Accordingly, Notice Under Section 142(1) Of The Income-Tax Act, 1961 Along With A Questionnaire Was Issued. Since There Was Non-Compliance On The Part Of The Assessee, A Final

Section 115BSection 142(1)Section 144Section 250Section 69A