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

Radha Chandrababu Panikar, Ahmedabad vs. Income Tax Officer, Ward-3(2)(9), Ahmedabad

ITA 959/AHD/2025[2011-12]Status: DisposedITAT Ahmedabad27 Aug 2025AY 2011-12

Bench: Smt. Annapurna Guptaआयकर अपील सं./I.T.A. Nos. 958 & 959/Ahd/2025 (िनधा"रण वष" / Assessment Year : 2011-12) बनाम/ Radha Chandrababu Income Tax Officer Panikar Ward-3(2)(9), Vs. 28, Ramnagar, Nr. Ambica Ahmedabad Tube Colony, Station Road, Vatva, Ahmedabad, Gujarat – 382445 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Apupp1233M (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Chetan Agarwal, A.R. ""यथ" क" ओर से/Respondent By : Shri Nitin Kulkarni, Sr. Dr 19/08/2025 Date Of Hearing Date Of Pronouncement 27/08/2025 O R D E R Both The Appeals Relate To The Same Assessee & Pertain To The Same Assessment Year (A.Y.) 2011-12; While One Is Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)(In Short “Cit(A)”), National Faceless Appeal Centre (Hereinafter Referred To As “Nfac”), Delhi Dated 07.03.2025 In Quantum Proceedings In Assessment Order Passed Under Section 147 Of The Income Tax Act, 1961 (Hereinafter Referred To As The “Act”), The Other Appeal Lies Against Order Of The Ld. Cit(A) Confirming The Levy Of Penalty Under Section 271(1)(C) Of The Act On The Addition Made To The Income Of The Assessee In The Quantum Proceedings.

For Appellant: Shri Chetan Agarwal, A.RFor Respondent: Shri Nitin Kulkarni, Sr. DR
Section 144Section 147Section 271(1)(c)

Radha Chandrababu Panikar, Ahmedabad vs. Income Tax Officer, Ward 3(2)(9), Ahmedabad

ITA 958/AHD/2025[2011-12]Status: DisposedITAT Ahmedabad27 Aug 2025AY 2011-12

Bench: Smt. Annapurna Guptaआयकर अपील सं./I.T.A. Nos. 958 & 959/Ahd/2025 (िनधा"रण वष" / Assessment Year : 2011-12) बनाम/ Radha Chandrababu Income Tax Officer Panikar Ward-3(2)(9), Vs. 28, Ramnagar, Nr. Ambica Ahmedabad Tube Colony, Station Road, Vatva, Ahmedabad, Gujarat – 382445 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Apupp1233M (Appellant) .. (Respondent) अपीलाथ" ओर से /Appellant By : Shri Chetan Agarwal, A.R. ""यथ" क" ओर से/Respondent By : Shri Nitin Kulkarni, Sr. Dr 19/08/2025 Date Of Hearing Date Of Pronouncement 27/08/2025 O R D E R Both The Appeals Relate To The Same Assessee & Pertain To The Same Assessment Year (A.Y.) 2011-12; While One Is Against The Order Passed By The Ld. Commissioner Of Income Tax (Appeals)(In Short “Cit(A)”), National Faceless Appeal Centre (Hereinafter Referred To As “Nfac”), Delhi Dated 07.03.2025 In Quantum Proceedings In Assessment Order Passed Under Section 147 Of The Income Tax Act, 1961 (Hereinafter Referred To As The “Act”), The Other Appeal Lies Against Order Of The Ld. Cit(A) Confirming The Levy Of Penalty Under Section 271(1)(C) Of The Act On The Addition Made To The Income Of The Assessee In The Quantum Proceedings.

For Appellant: Shri Chetan Agarwal, A.RFor Respondent: Shri Nitin Kulkarni, Sr. DR
Section 144Section 147Section 271(1)(c)

Dhanterash Tradewing Pvt. Ltd., Navi Mumbai vs. ITO, Ward- 10(1), Kolkata

In the result, appeal filed by the assessee is allowed and the appeal filed by the Revenue is dismissed as infructuous

ITA 166/KOL/2025[2011-12]Status: DisposedITAT Kolkata27 Aug 2025AY 2011-12

Bench: Shri Duvvuru Rl Reddy & Shri Rajesh Kumari.T.A. No.166/Kol/2025 Assessment Year: 2011-12 Dhanterash Tradewing Pvt. Ltd........................…...........................……….……Appellant No.101, Real Tech Park, Vashi, Navi Mumbai-400705. [Pan: Aadcd6307R] Vs. Ito, Ward-10(1), Kolkata.............…..….…..….........……........……...…..…..Respondent Appearances By: Shri Vimal Punmiya, Ar, Appeared On Behalf Of The Appellant. Shri Raja Sengupta, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : August 07, 2025 Date Of Pronouncing The Order : August 27 , 2025 Order Per Rajesh Kumar: The Present Appeal Is Filed By The Assessee For The Assessment Year 2011-12 Against The Order Dated 22.11.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Challenged The Order Of The Ld. Nfac, Delhi Upholding The Order Passed By The Assessing Officer U/S 144 R.W.S. 147 Dated 19.11.2018 By Ignoring The Fact That The Addition Made By The Assessing Officer In Respect Of Funds Received By The Assessee Company Was Already Subject Matter Of The Revisionary Proceedings U/S 263 Of The Act Which Were Dropped By The Pr. Cit After The Assessee Replying The Show-Cause Notice Issued U/S 263 With All Evidences & Documents By Accepting The Assessee’S Contentions. 3. The Facts In Brief Are That The Assessee Filed Its Return Of Income Declaring A Total Income Of Rs.3,851/- Which Was Processed U/S 143(1)

Section 142(1)Section 143(1)Section 143(3)Section 144Section 147Section 148Section 250Section 263