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

Anshu Priyadarshini, Dwarka vs. Ward No. 43(4), New Delhi

In the result, impugned order is set aside and appeal of the assessee is allowed

ITA 7351/DEL/2025[2011-12]Status: DisposedITAT Delhi29 Dec 2025AY 2011-12

Bench: Shri Vikas Awasthyआअसं.7351/धिल्ली/2025 (नि.व. 2011-12) Anshu Priyadarshini, Flat No.532, Excellence Apartments, Plot No.4, Sector-18A, Dwarka, Delhi 110078 ...... अपीलार्थी/Appellant Pan: Akrpp-8355-N बिाम Vs. Income Tax Officer, Ward-43(4), R. No. 2611, 26Th Floor, E-2 Block, Civic Centre, ..... प्रनिवादी/Respondent Delhi 110002 अपीलार्थी द्वारा/Appellant By : Shri Abhinarayan Mishra, Advocate प्रधििािीद्वारा/Respondent By : Shri Keshav Kishore Anand, Sr. Dr सुिवाई की निथर्थ/ Date Of Hearing : 17/12/2025 घोषणा की निथर्थ/ Date Of Pronouncement : 17/12/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissions Of Income Tax-(Appeals) (Hereinafter Referred To As ‘The Cit(A)’) Dated 18.09.2025 Confirming Penalty Levied U/S.271(1)(C) Of The Income Tax Act, 1961(Hereinafter Referred To As ‘The Act’), For Ay 2011-12. 2. Shri Abhinarayan Mishra, Appearing On Behalf Of The Assessee Submitted That The Tribunal In Assessee’S Appeal On Merits In Ita 1576/Del/2024 Vide Order 14.08.2024 Has Restored The Case Back To The Assessing Officer (Ao) For De-Novo Assessment. The Present Appeal Is In Respect Of Penalty Levied By The Ao On The Additions Made In Assessment Order Dated 15.12.2018 Passed U/S.144/147 Of The 2 Act. Since, The Assessment Order Has Been Set Aside By The Tribunal, The Penalty Proceedings Arising Therefrom Would Not Survive.

For Appellant: Shri Abhinarayan Mishra, AdvocateFor Respondent: Shri Keshav Kishore Anand, Sr. DR
Section 144Section 271(1)(C)

Manish Kapoor, Delhi vs. ITO, Ward-28(2), Delhi

In the result, impugned order is set aside and appeal of the assessee is allowed for statistical purpose

ITA 7154/DEL/2025[2014-15]Status: DisposedITAT Delhi29 Dec 2025AY 2014-15

Bench: Shri Vikas Awasthyआअसं.7154/धिल्ली/2025 (नि.व. 2014-15) Manish Kapoor, 329, 1St Floor 12Th Cross, 1St Stage Next To Motherhood Hospital, Indira Nagar, Bangalore-560 038 ...... अपीलार्थी/Appellant Pan: Aaopk-3754-F बिाम Vs. Income Tax Officer, Ward-28(2), ..... प्रनिवादी/Respondent New Delhi 110002 अपीलार्थी द्वारा/Appellant By : Shri Manoj Batra, Advocate (Through Vc) प्रधििािीद्वारा/Respondent By : Shri Manoj Kumar, Sr. Dr सुिवाई की निथर्थ/ Date Of Hearing : 16/12/2025 घोषणा की निथर्थ/ Date Of Pronouncement : 16/12/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)’] Dated 18.12.2024, For Assessment Year 2014-15. 2. The Appeal Is Time Barred By 252 Days. The Assessee Has An Affidavit Citing Reasons For Delay In Filing Of Appeal. After Perusal Of The Same, I Am Satisfied That Delay In Filing Of Appeal Is Not Intentional, The Delay Has Been Caused For The Reasons Stated In Affidavit Which Appears To Be Bonafide. Considering The Explanation Furnished By The Assessee, Delay Of 252 Days In Filing Of Appeal Is Condoned & Appeal Is Taken Up For Adjudication On Merits.

For Appellant: Shri Manoj Batra, Advocate (Through VC)For Respondent: Shri Manoj Kumar, Sr. DR
Section 144

Shalini Srivastava, Haldwani vs. Ward 2(1)(1) Haldwani/, Haldwani

In the result, appeal of the assessee is partly allowed

ITA 121/DDN/2025[2019-20]Status: DisposedITAT Dehradun24 Dec 2025AY 2019-20

Bench: Shri Yogesh Kumar U.S & Shri Manish Agarwal[Through Virtual Mode] [Assessment Year :2019-20] Shalini Srivastava Vs Ward-2(1)(1) Sheeshmahal, Opp. Haldwani Filter House, Uttarakhand Kathgodam, Haldwani, Uttarakhand-263139 Pan-Apyps8567D Appellant Respondent Assessee By Shri Prashant Kackar, Ca Revenue By Shri Amar Pal Singh, Sr.Dr Date Of Hearing 09.10.2025 Date Of Pronouncement 24.12.2025 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Assessee Against The Order Dated 08.07.2025 By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld. Cit(A)”] In Appeal No. Nfac/2018-19/10096852 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of The Assessment Order Dated 28.09.2021 Passed U/S 144 R.W.S. 144B Of The Act Pertaining To Assessment Year 2019-20. 2. Brief Facts Of The Case Are That Assessee Filed Her Return Of Income, Declaring Income From House Property Of Inr 51,754/- & Income Under The Head “Other Sources” Of Inr 17,56,736/-. The Total Income Of Inr 18,08,490/- Was Claimed As Set Off Against The Current Year Losses From Business & Profession Of Inr 31,04,998/- & Thus Total Income At Inr Nil Was Declared After Claiming Of Deduction Under Chapter Via Of Inr 1,56,918/-. The Return Of Income Was Selected For Complete Scrutiny. Notices U/S 143(2) Followed By Notices U/S 142(1) Were Issued From Time To Time Which Were Not Complied With. In Absence Of Any Reply By The Assessee, Order Was Passed U/S 144 As Per Information Available & Total Income Of The Assessee Was Assessed At Inr 13,32,38,065/- By Making Various Addition.

Section 142(1)Section 143(2)Section 144Section 250Section 68