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

Tiger Corporation Private Limited, Delhi vs. ACIT, Central Circle-32, Delhi

Appeal is allowed for statistical purposes

ITA 5016/DEL/2025[2016-17]Status: DisposedITAT Delhi01 Dec 2025AY 2016-17

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwalassessment Year: 2016-17 Tiger Corporation Pvt. Ltd., Vs. Asst. Commissioner Of Income 76, Second Floor, Tax, Central Circle-32, Hargovind Enclave, Delhi Delhi Pan: Aabct3427A (Appellant) (Respondent) Assessee By Sh. Shilpi Jain, Ca Department By Ms. Amisha S. Gupta, Cit(Dr) Date Of Hearing 01.12.2025 Date Of Pronouncement 01.12.2025 Order Per Satbeer Singh Godara, Jm This Assessee’S Appeal For Assessment Year 2016-17, Arises Against The Commissioner Of Income Tax (Appeals)-30 [In Short, The “Cit(A)”], New Delhi’S Order Dated 19.06.2025 Passed In Case No. Cit(A), Delhi-30/11616/2015, 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 File Perused. 2. Learned Counsel Submits That On Account Of Communication Gaps At Various Levels, The Assessee Could Not Appear To Plead & Prove All The Relevant Facts In The Lower Appellate Proceedings & Therefore, Larger Interest Of Justice Would Be Met, In Case, The Matter May Be Restored Back To The Cit(A). The Revenue Vehemently Support The Learned Lower Authorities Action Making Addition(S) Herein On Merits. 3. Be That As It May, The Fact Remains That Possibility Of Some Communication Gaps At Various Levels In Such An Instance Could Not Be Altogether Ruled Out. It Is Therefore Deemed Appropriate In The Larger Interest Of Justice To Restore The Assessee’S Instant Appeal Back To The Cit(A) For His Afresh Appropriate Adjudication, Within Three Effective Opportunities Of Hearing At The Appellant’S Risk & Responsibility, In Consequential Proceedings. Ordered Accordingly. 4. This Assessee’S Appeal Is Allowed For Statistical Purposes. Order Pronounced In The Open Court On 1St December, 2025

Section 147

Krishna Silver Ornaments, Rajkot vs. Income Tax Officer Ward - 2(1)(1), Rajkot

In the result, appeal filed by the assessee, is partly allowed, in above terms

ITA 427/RJT/2025[2022-23]Status: DisposedITAT Rajkot28 Nov 2025AY 2022-23

Bench: Dr. Arjun Lal Sainiआयकर अपीलसं./Ita No.427/Rjt/2025 निर्धारणवर्ष / Assessment Year: (2022-23) Krishna Silver Ornament, Vs. Income Tax Officer Ward 2(1)(1) Soni Bazar, Mandvi Chowk Near Aayakar Bhawan, Race Course Bus Station, Rajkot - 360001 Ring Road, Rajkot - 360001 स्थायी लेखासं./जीआइआरसं./Pan/Gir No.: Aamfk1438J (Appellant) (Respondent) Appellant By : Shri Vimal Desai, Ld. Ar Respondent By : Shri Abhimanyu Singh Yadav, Ld. Sr. Dr Date Of Hearing : 04/09/2025 Date Of Pronouncement : 28/11/2025 आदेश / O R Der Per, Dr. Arjun Lal Saini, Am; Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2022-23, Is Directed Against The Order Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Referred To As "The Act") By National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income-Tax (Appeals), Dated 23/06/2025, Which In Turn Arises Out Of An Order Passed By The Assessing Officer Dated 05/09/2024, U/S 272A(1)(D) Of The Income Tax Act, 1961. 2. Grounds Of Appeal Raised By The Assessee Are As Follows: 1. The Penalty Order U/S. 272A(1)(D) Of The Act Is Bad In Law.

For Appellant: Shri Vimal Desai, Ld. ARFor Respondent: Shri Abhimanyu Singh Yadav, Ld. Sr. DR
Section 142(1)Section 144Section 144BSection 250Section 272A(1)(d)