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

Swaran Singh S/O Sh Darbara Singh, Haryana vs. Gandesh Chander Gupta ITO Ward 1 (5) Shamli (Up), Uttarpardesh

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

ITA 7148/DEL/2025[2012-13]Status: DisposedITAT Delhi24 Dec 2025AY 2012-13

Bench: Shri Vikas Awasthyआअसं.7148/धिल्ली/2025 (नि.व. 2012-13) Swaran Singh, S/O Darbara Singh, H No. 438, Gali No. 9, Uttar Nagar, Karnal, Haryana 132001 ...... अपीलार्थी/Appellant Pan: Ihyps-1069-E बिाम Vs. Income Tax Officer, Ward-1(5), ...... प्रनिवादी/Respondent Shamli, Uttar Pradesh 247776 अपीलार्थी द्वारा/Appellant By : None 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 05.07.2024, For The Assessment Year 2012-13. 2. The Appeal Is Time Barred By 403 Days. The Assessee Has Filed An Application Supported By An Affidavit Citing Reasons Causing 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 Petition Which Appears To Be Bonafide. Thus, Delay Of 403 Days In Filing Of Appeal Is Condoned & Appeal Is Admitted For Decision On Merits.

For Appellant: NoneFor Respondent: Shri Manoj Kumar, Sr. DR
Section 142(1)

Deeksha Gupta, Noida vs. Addl/JCIT (A), Noida

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

ITA 7100/DEL/2025[2017-18]Status: DisposedITAT Delhi24 Dec 2025AY 2017-18

Bench: Shri Vikas Awasthyआअसं.7100/धिल्ली/2025 (नि.व. 2017-18) Deeksha Gupta, A-701, Stellar Green Apartment, Sector-44, Noida, Uttar Pradesh 201301 ...... अपीलार्थी/Appellant Pan: Aippg-9327-B बिाम Vs. Addition/Joint Commissioner Of Income Tax (Appeals), ..... प्रनिवादी/Respondent Noida Sector 24, Uttar Pradesh 201301 अपीलार्थी द्वारा/Appellant By : S/Shri Saket Sharma, Chartered Accountant & Lalit Mohan Pant, Advocate प्रधििािीद्वारा/Respondent By : Shri Manoj Kumar, Sr. Dr सुिवाई की निथर्थ/ Date Of Hearing : 15/12/2025 घोषणा की निथर्थ/ Date Of Pronouncement : 15/12/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against An Ex-Parte Order Of Additional/Joint Commissioner Of Income Tax (Appeals)-11, Delhi [In Short ‘The Cit(A)’] Dated 11.06.2024, For Assessment Year 2017-18. 2. Shri Saket Sharma, Appearing On Behalf Of The Assessee Submitted That In Assessment Proceedings U/S.144 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) The Assessing Officer Disallowed Rs.5,35,556/- In Respect Of Loss Claimed By The Assessee On House Property & Further Made Addition Of Rs.1,50,997/- On Account Of Mismatch In Form No. 26As & The Income Returned

For Appellant: S/Shri Saket Sharma, Chartered Accountant &For Respondent: Shri Manoj Kumar, Sr. DR
Section 144

Muse Farms Pvt Ltd, Delhi vs. Assessment Unit Income Tax Department, Delhi

Appeal of the assessee are allowed

ITA 4082/DEL/2025[2015-16]Status: DisposedITAT Delhi24 Dec 2025AY 2015-16

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalassessment Year: 2015-16 M/S. Muse Farms Pvt. Ltd., Vs. Assessment Unit (Itd), B-2/201 Basement, Delhi Safdarjung Enclave, New Delhi Pan: Aahcm1513E (Appellant) (Respondent) Assessee By Sh. Sanjeev Khurana, Ca Department By Sh. Manish Gupta, Sr. Dr Date Of Hearing 24.12.2025 Date Of Pronouncement 24.12.2025 Order Per Satbeer Singh Godara, Jm This Assessee’S Appeal For Assessment Year 2015-16, Arises Against The Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre [In Short, The “Cit(A)/Nfac”], Delhi’S Din & Order No. Itba/Nfac/S/250/2025-26/1076003088(1), Dated 02.05.2025 Involving Proceedings Under Section 147 R.W.S. 144 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’). Heard Both The Parties. Case Files Perused. 2. We Notice During The Course Of Hearing That There Arises The First & Foremost Issue Of Validity Of The Impugned Reopening Itself Set Into Motion By The Learned Assessing Officer Vide Section 148 Notice Issued On 27.07.2022. This Is For The Precise Reason That The Department Already Appears To Have Conceded The Very Issue Of Limitation Aspect In Union Of India Vs Rajiv Bansal (2024) 469 Itr 46 (Sc) That The Provision Of Taxation & Other Laws [Relaxation & Amendment Of Certain Provisions] Act, 2020 “Tola” Would Not Apply For Assessment Year 2013-14 Herein. It Further Emerges That The Very Issue Between The Parties Is No More Res Integra In Light Of The Tribunal’S Recent Learned Coordinate Bench’S Order Dated 23.07.2025 Passed In Ita No. 2307/Del/2025 (Sh. Deepak Agarwal Vs. Dcit) Having Quashed A Similar Reopening Therein, Reading As Under:

Section 147Section 148

Pradip Naik, Goa vs. Commissioner of Income Tax (Appeals) - 43, New Delhi

In the result, the appeal of the assessee is partly allowed

ITA 1497/DEL/2023[2012-13]Status: DisposedITAT Delhi24 Dec 2025AY 2012-13

Bench: Shri Vikas Awasthy & Shri Manish Agarwal[Assessment Year : 2012-13] Pradip Naik Vs Ito Bungalow No.25, International Goa Housing Board, Taxation-2(2)(2) Behind Sai Service Station, New Delhi Bardex, North Goa-403521 Pan-Afvpn7030H Appellant Respondent Appellant By Shri Madhur Agarwal, Adv. (Through Vc) & Ms. Sakshi Goyal, Ca Respondent By Shri Vikram Singh Sharma, 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 15.06.2022 By Ld. Commissioner Of Income Tax (A)-43, [“Ld. Cit(A)”] In Appeal No. 10054/2020-21 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising Out Of The Assessment Order Dated 17.12.2019 U/S 144(1)/147 Of The Act Pertaining To Assessment Year 2012-13. 2. Brief Facts Of The Case Are That The Assessment Was Completed U/S 144 R.W.S 147 Of The Act. The Ao Had Information In His Possession That Assessee Had Made Deposits Of Inr 3,75,00,000/- In The Bank Account But Had Not Filed The Return Of Income Therefore, The Case Of The Assessee Was Re-Opened By Issue Of Notice U/S 148 Of The Act On 28.03.2019. Thereafter, Since The Assessee Had Not Participated In The Proceedings Nor Made Any Compliance, Ao Has Held That Investments Made In Mutual Funds Totaling To Inr 3,25,00,000/-, Source Of Which Remained Unexplained & Accordingly, Made The Addition Of Such Amount Made U/S 69B Of The Act.

Section 144Section 144(1)Section 148Section 250Section 69B