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

Syed Rafat Zubair Rizvi, Lucknow vs. Commissioner of Income-Tax (Appeals), National Faceless Appeal Centre (NFAC), Delhi

In the result, the appeal of the assessee is dismissed

ITA 383/LKW/2024[2015-16]Status: DisposedITAT Lucknow26 Sept 2025AY 2015-16

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2015-16 Syed Zubair Rizvi, Vs. Commissioner Of Income Tax 1, Kaiserbagh Avenue, Lucknow, (Appeals), Nfac, Delhi Uttar Pradesh Pan: Ajvps4151L (Appellant) (Respondent) Assessee By: Sh. Aleem Khan, Adv Revenue By: Sh. Amit Kumar, Dr Date Of Hearing: 24.09.2025 Date Of Pronouncement: 26.09.2025 O R D E R Per Nikhil Choudhary, A.M.: [ This Is An Appeal Filed By The Assessee Against The Orders Of The Ld. Cit Nfac, Dated 26.3.2024, Wherein The Ld. Cit(A) Has Dismissed The Appeals Of The Assessee Against The Orders Of The Ld. Ao Passed Under Section 147 R.W.S. 144 On 19.11.2019. The Grounds Of Appeal Are As Under:- “1. Because Appellant Has Filed Return Of Income On 19.08.2015 For Ay 2015-16 Vide Acknowledgment No.649289701140618 Showing Total Income Of Rs.1,10,51,960/- 2. Because Appellant Sold 14Flats, 2Shops & 2Lands In Assessment Year 2015-16 The Said Building Was Constructed In The Year 2005-06 As A Commercial Building Knows As Essaar Mall. But Due To Local Factors Assessee Failed To Sold His Premises & After Many Years Of Failure He Decided To Convert The Same Into Residential Building & The Flats Were Constructed In The Year 2013. Due To Blockage Of Fund & Non-Sale Of Flats Assessee Sold At The Lower Rate Approval Of Residential Construction Form The Up Awas Evam Vikas Parishad Was Also Obtained Before Converting The Commercial Construction To Residential. 3. Because An Addition Of Rs.87,46.596/- Is Made By Ld. Assessing Officer On The Basis Of Valuation Report Vide Letter F.No.1200To 1213/Avo/Itd/Lko/2017-18/872 Dated 19.03.2018 Which Was Sustained By Learned Commissioner Of Income Tax (Appeals), Income Tax Department, Nfac

For Appellant: Sh. Aleem Khan, AdvFor Respondent: Sh. Amit Kumar, DR
Section 147Section 43C

Kapil Foods and Structures Private Limited, Warangal vs. DCIT., Circle-3(1), Hyderabad

In the result, the appeal of the assessee in ITA No

ITA 206/HYD/2025[2017-18]Status: DisposedITAT Hyderabad26 Sept 2025AY 2017-18

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.205 & 206/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2016-17 & 2017-18) M/S. Kapil Foods & Structures Dy. Commissioner Of Income Tax, Vs. Circle-3(1), Hyderabad. Pvt. Ltd., Warangal. Pan: Aacck2614F (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri S. Rama Rao, Advocate रधजस् व द्वधरध/Revenue By: Dr. Sachin Kumar, Sr-Dr सुिवधई की तधरीख/Date Of Hearing: 02/09/2025 घोर्णध की तधरीख/Pronouncement: 26/09/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: These Two Appeals Are Filed By M/S. Kapil Foods & Structures Pvt. Ltd. (“The Assessee”), Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”), Both Dated 09.12.2024 For The A.Ys. 2016-17 & 2017-18. Since The Issues Involved In Both These Appeals Are Identical & Belong To The Same Assessee, One Consolidated Order Is Being Passed For The Sake Of Convenience & Brevity.

For Appellant: Shri S. Rama Rao, AdvocateFor Respondent: Dr. Sachin Kumar, SR-DR
Section 139Section 147Section 148Section 36(1)(iii)

Kapil Foods and Structures Private Limited, Warangal vs. DCIT., Circle-3(1), Hyderabad

In the result, the appeal of the assessee in ITA No

ITA 205/HYD/2025[2016-17]Status: DisposedITAT Hyderabad26 Sept 2025AY 2016-17

Bench: Shri Ravish Sood & Shri Madhusudan Sawdiaआ.अपी.सं /Ita Nos.205 & 206/Hyd/2025 (निर्धारण वर्ा/Assessment Year:2016-17 & 2017-18) M/S. Kapil Foods & Structures Dy. Commissioner Of Income Tax, Vs. Circle-3(1), Hyderabad. Pvt. Ltd., Warangal. Pan: Aacck2614F (Appellant) (Respondent) निर्धाररती द्वधरध/Assessee By: Shri S. Rama Rao, Advocate रधजस् व द्वधरध/Revenue By: Dr. Sachin Kumar, Sr-Dr सुिवधई की तधरीख/Date Of Hearing: 02/09/2025 घोर्णध की तधरीख/Pronouncement: 26/09/2025 आदेश/Order Per Madhusudan Sawdia, A.M.: These Two Appeals Are Filed By M/S. Kapil Foods & Structures Pvt. Ltd. (“The Assessee”), Feeling Aggrieved By The Separate Orders Passed By The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (“Ld. Cit(A)”), Both Dated 09.12.2024 For The A.Ys. 2016-17 & 2017-18. Since The Issues Involved In Both These Appeals Are Identical & Belong To The Same Assessee, One Consolidated Order Is Being Passed For The Sake Of Convenience & Brevity.

For Appellant: Shri S. Rama Rao, AdvocateFor Respondent: Dr. Sachin Kumar, SR-DR
Section 139Section 147Section 148Section 36(1)(iii)