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

Sharad Panwar, Shahdara, Delhi vs. Income Tax Officer, Vikas Bhawan, Delhi

In the result, appeal of the assesse is allowed for statistical purpose in the terms aforesaid

ITA 3927/DEL/2025[2012-13]Status: DisposedITAT Delhi19 Nov 2025AY 2012-13

Bench: Shri Vikas Awasthy & Shri S Rifaur Rahmanआअसं.3927/ िद"ी /2025 (िन.व. 2012-13) Sharad Panwar, B-527, Mig Dda Flats, East Of Loni Road, Shahdara, Delhi 110093 ...... अपीलाथ"/Appellant Pan: Bcrpp-9210-P बनाम Vs. Income Tax Officer, Ward-58(3), R. No. 317, D-Block, Vikas Bhawan, ..... "ितवादी/Respondent New Delhi 110002 Assessee By : None Department By: Ms. Harpreet Kaur Hansra, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 19/11/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 19/11/2025 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 28.06.2024, For Assessment Year 2012-13 2. The Appeal Is Time Barred By 288 Days. The Assessee Has Filed An Application Supported By An Affidavit Citing Reasons Causing Delay In Filing Of Appeal. After Perusal Of The Same, We Are 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

For Appellant: NoneFor Respondent: Ms. Harpreet Kaur Hansra, Sr. DR
Section 144Section 148Section 2(41)Section 56(2)(vi)Section 69A

Kalna Regulated Market Committee(Presently Purba Burdwan Zilla Regulated Market Committee), Burdwan vs. ITO, Ward 1(1), Burdwan

In the result, all the captioned appeals of the assessee are allowed

ITA 1348/KOL/2025[2018-2019]Status: DisposedITAT Kolkata18 Nov 2025AY 2018-2019

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyita Nos.1346 To 1348/Kol/2025 Assessment Year: 2018-19 Kalna Regulated Market Committee ………………………….……….……Appellant (Presently Purba Burdwan Zilla Regulated Market Committee), Poddar Commercial Complex (1St Floor), Purbasha Bus Stand, Alisha, Burdwan, Wb -713103. [Pan: Aaajk1202A] Vs. Ito, Ward-1(1), Burdwan..………………………………….....……...…..…..Respondent Appearances By: Shri Subham Bera, Ar, Appeared On Behalf Of The Appellant. Shri Pankaj Pandey, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : November 12, 2025 Date Of Pronouncing The Order : November 18, 2025 Order Per Pradip Kumar Choubey: The Captioned Appeals Filed By The Assessee Are Directed Against The Separate Orders All Dated 21.01.2025 Of The National Faceless Appeal Centre [‘Cit(A)’] Passed Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As “The Act”) For The Assessment Year 2018–19. Ita No.1346/Kol/2025 Is Pertaining To The Quantum Addition & Ita Nos.1347 & 1348/Kol/2025 Are Relaying To Levying Of Penalty U/S 271Aac(1) & 270A Of The Income Tax Act (Hereinafter Referred To As The ‘Act’) Respectively. 2. At The Outset, It Reveals That The Captioned Appeals Have Been Filed After A Delay Of 84 Days & For The Said Delay, The Assessee Has Filed Condonation Petitions. We Find That The Reasons Cited In The Petition For

Section 133(6)Section 144Section 147Section 250Section 271ASection 69A