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

Sanjeev Kumar, Panipat vs. ITO Ward-4 Panipat, Panipat

In the result, assessee's appeal is allowed

ITA 314/DEL/2025[2011-12]Status: DisposedITAT Delhi27 Oct 2025AY 2011-12

Bench: Shri Vikas Awasthyआअसं.314/िद"ी/2025 (िन.व. 2011-12) Sanjeev Kumar, 13, Vpo Ugra Kheri, Panipat, ...... अपीलाथ"/Appellant Haryana 132103 Pan: Asvpk-4205-C बनाम Vs. Income Tax Officer, Ward-4, Aayakar Bhawan, Sector-6, Panipat, ..... "ितवादी/Respondent Haryana 132103 अपीलाथ" "ारा/Appellant By : Shri Mukesh Kumar Mittal, Chartered Accountant "ितवादी"ारा/Respondent By : Ms. Sudha Gupta, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 30/07/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 27/10/2025 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 08.11.2024, For Assessment Year 2011-12. 2. Shri Mukesh Kumar Mittal, Ar Of The Assessee Submits That The Assessment U/S.148 Of The Income Tax Act,1961(Hereinafter Referred To As ‘The Act’) Was Made By The Assessing Officer (Ao) Vide Order Dated 30.11.2018 In Ex-Parte Proceedings. He Contended That As Per The Assessment Order, The Ao Had Issued Notice U/S.148 Of The Act On 31.03.2018 Through Speed Post As Well As Online

For Appellant: Shri Mukesh Kumar Mittal, CharteredFor Respondent: Ms. Sudha Gupta, Sr. DR
Section 142(1)Section 144Section 147Section 148

Vishwakarma Enterprises India Private Limited, Delhi vs. Income Tax Officer, New Delhi

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

ITA 3082/DEL/2025[2012-13]Status: DisposedITAT Delhi27 Oct 2025AY 2012-13

Bench: Shri Vikas Awasthyआअसं.3082/िद"ी/2025 (िन.व. 2012-13) Vishwakarma Enterprises India P. Ltd., ...... अपीलाथ"/Appellant E-136 Basement, Kalkaji, Delhi 110019 Pan: Aadcv-7136-J बनाम Vs. Income Tax Officer, Ward-26(4), R. No.194A, Cr Building, ..... "ितवादी/Respondent New Delhi 110019 अपीलाथ" "ारा/Appellant By : Shri Shyam Sunder Mangla, Chartered Accountant, (Through Vc) "ितवादी"ारा/Respondent By : Ms. Sudha Gupta, Sr.Dr सुनवाई क" ितिथ/ Date Of Hearing : 31/07/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 27/10/2025 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 19.12.2024, For Assessment Year 2012-13. 2. The Appeal Is Time Barred By 69 Days. The Assessee Has Filed An Application 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 69 Days In Filing Of Appeal Is Condoned & Appeal Is Admitted For Decision On Merits.

For Appellant: Shri Shyam Sunder Mangla, CharteredFor Respondent: Ms. Sudha Gupta, Sr.DR
Section 139Section 144Section 148

Deepak Communication, Ajit Nagar vs. Assessing Officer, Delhi

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

ITA 3076/DEL/2025[2017-2018]Status: DisposedITAT Delhi27 Oct 2025AY 2017-2018

Bench: Shri Vikas Awasthyआअसं.3076/िद"ी/2025 (िन.व. 2017-18) Deepak Communication, Gali No.4, Ajit Nagar, Gandhi Nagar, ...... अपीलाथ"/Appellant Delhi 110031 Pan: Aamfd-3905-A बनाम Vs. Assessing Officer, Ward-60(6), ..... "ितवादी/Respondent Delhi 110002 अपीलाथ" "ारा/Appellant By : None "ितवादी"ारा/Respondent By : Ms. Sudha Gupta, Sr.Dr सुनवाई क" ितिथ/ Date Of Hearing : 31/07/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 27/10/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against An Ex-Parte Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi [In Short ‘The Cit(A)’] Dated 08.09.2023, For Assessment Year 2017-18. 2. The Solitary Issue, In The Present Appeal By The Assessee Is Against Levy Of Penalty U/S.271Aac(1) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Amounting To Rs.1,04,674/-. The Assesssee Had Deposited Cash Amounting To Rs.13,55,000/- During Demonetization Period I.E. Between 09.11.2016 To 30.12.2016 In His Bank Account Maintained With Yes Bank Ltd. Krishna Nagar Delhi, Account No. 226190000295. The Return Of Income Was Filed

For Appellant: NoneFor Respondent: Ms. Sudha Gupta, Sr.DR
Section 115BSection 139(1)Section 142(1)Section 144Section 271ASection 274Section 69A

Gaurav Tiwari, Uttar Pradesh vs. DCIT, Circle 1(1), Gurugram

In the result, appeal of the assessee is allowed

ITA 1695/DEL/2025[2015-16]Status: DisposedITAT Delhi27 Oct 2025AY 2015-16

Bench: Shri Vikas Awasthyआअसं.1695/िद"ी/2025 (िन.व. 2015-16) Gaurav Tiwari, 1401, Tower-6, Unitech Horizon, ...... अपीलाथ"/Appellant Sector-Pi, Greater Noida, Uttar Pradesh 201301 Pan: Aezpt-4925-L बनाम Vs. Deputy Commissioner Of Income, ..... "ितवादी/Respondent Circle 1(1), Gurugram, Haryana 122016 अपीलाथ" "ारा/Appellant By : S/Shri Ajay Goyal & Mudit Dewan, Advocates "ितवादी"ारा/Respondent By : Ms. Sudha Gupta, Sr.Dr सुनवाई क" ितिथ/ Date Of Hearing : 30/07/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 27/10/2025 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 15.01.2025, For Assessment Year 2015-16. 2. Shri Ajay Goyal, Appearing On Behalf Of The Assessee Submits That The Assessment For Ay 2015-16 Was Reopened For The Reason:- (I) The Assessee Had Purchased Immovable Property Worth Rs.55,04,000/- During Financial Year 2014-15;

For Appellant: S/Shri Ajay Goyal & Mudit Dewan, AdvocatesFor Respondent: Ms. Sudha Gupta, Sr.DR
Section 147Section 148Section 148ASection 149Section 149(1)Section 149(1)(b)Section 56(2)(vii)

Shri Bhama Punja Bharai, Junagadh vs. The ACIT Central Circle 2, Rajkot

The appeal of the assessee is treated as allowed

ITA 590/RJT/2025[2021-22]Status: DisposedITAT Rajkot24 Oct 2025AY 2021-22

Bench: Dr. Arjun Lal Saini(Hybrid Hearing) Assessment Year: (2021-22) Bhama Punja Bharai Vs. Acit Circle-2, Rajkot Near Kuvav Talav, Grofed Road, Azad Aaykar Bhawan, Race Chowk S.O. Junagadh- 362710 Course Road, Rajkot-360001 Pan : Dvxpb 2168 H (Appellant) (Respondent) िनधा"रती क" ओर से/Assessee By : None राज"व क" ओर से/Revenue By : Adjournment Application सुनवाई क" तारीख /Date Of Hearing : 22/10/2025 घोषणा क" तारीख /Date Of Pronouncement : 24/10/2025 आदेश / O R D E R Per,Dr. A. L. Saini, Am: The Present Appeal Has Been Filed By The Assessee, Against The Order Passed By The Learned Commissioner Of Income Tax (Appeal), Ahmedabad/ National Faceless Appeal, Centre (Nfac), Delhi Dated [Hereinafter Referred To As “Cit(A)”] 24.01.2025 Arising In The Matter Of Assessment Order Passed U/S.144 R.W.S 143(3) Of The Income Tax Act, 1961 (Here-In-After Referred To As “The Act”) Relevant To The Assessment Year 2021-22. 2.When The Matter Was Called For Hearing, I Note That The Assessee, Submitted By Way Of Affidavit That The Appeal Has Been Filed By The Assessee Belatedly. I Have Gone Through The Affidavit Filed In This Regard Citing Reasons For Condonation Of Delay & I Note That Assessee Urged For A Benign View & Sought Condonation Of Delay Of 182 Days In Filing The Appeal Before The Tribunal. A Perusal Of The

For Appellant: NoneFor Respondent: Adjournment Application
Section 144