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

Hirabai & Hormusji Jiwanivakil Model School Trust, Dahanu Road vs. The Income Tax Officer, Exemption Ward, Thane

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

ITA 4137/MUM/2025[2016-17]Status: DisposedITAT Mumbai24 Sept 2025AY 2016-17

Bench: Shri Pawan Singh & Smt. Renu Jauhriआयकर अपील सुं./Ita No.4137/Mum/2025 (धििाारण वर्ा / Assessment Year: 2016-2017) Hirabai & Hormusji V/S. Income Tax Officer, Jiwanivakil Model बिाम Exemption Ward, Thane School Trust Income Tax Officer, Near Chandra Takies, Exemption Ward, Thane Masoli, Dahanu Road, 400604 Palghar 401602 स्थायी लेखा सुं./जीआइआर सुं./Pan/Gir No: Aaath1536J Appellant/अपीलाथी .. Respondent/प्रधिवादी धििााररिी की ओर से /Assessee By: Shri Piyush Bafna, Ca (Virtually Appear) राजस्व की ओर से /Revenue By: Shri Ritesh Misra, Cit Dr स िवाई की िारीख / Date Of Hearing 25.08.2025 घोर्णा की िारीख/Date Of Pronouncement 24.09.2025 आदेश / O R D E R Per Renu Jauhri [A.M.] :- This Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 23.04.2025 Passed U/S. 250 Of The Income-Tax Act, 1961 [Hereinafter Referred To As “Act”] For Assessment Year 2016-2017. 2. The Assessee Has Raised The Following Grounds In This Appeal. “1. It Is Submitted That The Order Imposing Penalty Of Rs. 10,000/-Dated 28.06.2019 [Itba/Pnl/7271(1)(B)/2019-20/1016563977(1)] Is Bad In Law & Is Required To Be Held As Illegal As The Penalty Order Is Under The Signature Of Mr. Sanjay Kumar, Ito Exemption Ward, Thane. However, The Demand Notice Has Been Issued On 27.06.2019 By Mr. Prashant Singh, Ito Exemption Ward, Thane, I.E. One Day Prior To The Issue

For Appellant: Shri Piyush Bafna, CA (VirtuallyFor Respondent: Shri Ritesh Misra, CIT DR
Section 143(2)Section 144Section 156Section 250Section 271(1)(b)

Vijay Garg, Meerut vs. ITO Ward-1(2)(4), Meerut

The appeal is allowed

ITA 2303/DEL/2025[2014-15]Status: DisposedITAT Delhi24 Sept 2025AY 2014-15

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmaassessment Year: 2014-15 Vijay Garg, Vs Ito, 96, Raju Ki Kuiya, Ward-1(2)(4), Near Lala Ka Bazar, Meerut. Meerut – 250 002. Pan: Ajzpg0246Q (Appellant) (Respondent) Assessee By : Shri M.P. Rastogi, Advocate Revenue By : Shri Ajay Kumar Arora, Sr. Dr Date Of Hearing : 08.09.2025 Date Of Pronouncement : 24.09.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessee Against The Order Dated 21.02.2025 Of The Commissioner Of Income-Tax (Appeals), Nfac, Delhi (Hereinafter Referred To As The Ld. First Appellate Authority Or ‘The Ld. Faa’ For Short) In Appeal No.Nfac/2013-14/10164051 Arising Out Of The Appeal Before It Against The Order Dated 23.03.2022 Passed U/S 147 R.W.S. 144 R.W.S.144B Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) By The Ito, Ward- 1(2)(4), Meerut (Hereinafter Referred To As The Ld. Ao). 2. On Hearing Both The Sides, We Find That A Notice U/S 148 Of The Act Was Issued On 30.03.2021 In The Name Of Vijay Garg, The Assessee, Now Represented By Shri Saurabh Agarwal, Legal Heir, Who Has Filed The Appeal. The Case Of Assessee Is That Shri Vijay Garg Died On 10.10.2012, I.E., Well Before The Issuance Of Notice U/S 148 Of The Act. Consequently, The Reassessment So Framed In The Name Of The Deceased Vijay Garg Is Vitiated & Has To Be Considered As Non Est In Law. Admittedly, The Notice Was Issued In The Name Of The Deceased Only & Not In The Name Of Any Legal Heir. It Comes Up That When This Reassessment Order Was Challenged Before The Ld.Cit(A), The Nfac Had Merely Examined The Issue Of Late Filing Of The Appeal.

For Appellant: Shri M.P. Rastogi, AdvocateFor Respondent: Shri Ajay Kumar Arora, Sr. DR
Section 147Section 148