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

Nagendra Singh, Kasganj vs. Income Tax Officer, Ward-4(3)(3), Kasganj

In the result, the appeal filed by the assessee is allowed

ITA 234/AGR/2025[2017-18]Status: DisposedITAT Agra21 Aug 2025AY 2017-18

Bench: Shri S.Rifaur Rahmannagendra Singh, Vs. Ito, Ward 4(3)(3), House No.115, Goraha, Kasganj, Kasganj. Kanshiram Nagar – 207 123 (Uttar Pradesh). (Pan : Dqzps5814Q) (Appellant) (Respondent) Assessee By : Shri Anurag Sinha, Advocate Revenue By : Shri Anil Kumar, Sr. Dr Date Of Hearing : 21.08.2025 Date Of Order : 21.08.2025 O R D E R 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [“Ld. Jcit(A)”, For Short] Dated 27.02.2025 For The Assessment Year 2017-18. 2. Brief Facts Of The Case Are, During Assessment Proceedings, The Assessing Officer Observed That Assessee Has Deposited Cash Amounting To Rs.15,00,000/- Into His Bank Account Maintained With Gramin Bank Of Aryavart, Goraha, Kasganj & Another Rs.2,50,000/- To Another Account Maintained With Ubi, Railway Road, Kasganj During The Demonetization Period. Since The Assessee Has Not Filed Any Return Of Income, Notice U/S 142(1) Of The Income-Tax Act, 1961 (For Short ‘The Act’) Was Issued To The Assessee To File The Return Of Income For The Ay 2017-18 On Or Before 31.03.2018. The Assessee Has Not Filed Any Return Of Income. A Show-

For Appellant: Shri Anurag Sinha, AdvocateFor Respondent: Shri Anil Kumar, Sr. DR
Section 115BSection 142(1)Section 144Section 69A

Arun Kumar Tiwari, Jamshedpur vs. Assistant Commissioner of Income Tax, Jamshedpur

In the result, appeal of the assessee stands partly allowed for statistical purposes

ITA 88/RAN/2024[2012-13]Status: DisposedITAT Ranchi21 Aug 2025AY 2012-13

Bench: S/ S/Hri George Mathan & Ratnesh Nandan Sahayratnesh Nandan Sahayratnesh Nandan Sahayassessment Year : 2012-13 Arun Arun Kumar Kumar Tiwari, Tiwari, Vs. Asst. Asst. Commissioner Commissioner Of Of Gamharia Block, Gamharia, Gamharia Block, Gamharia, Income Income Tax, Tax, Circle Circle-1(1), Saraikela, Saraikela, Kharsawa, Kharsawa, C.H. Area, Jamshedpur C.H. Area, Jamshedpur Jharkhand Pan/Gir No. .Acfpt 0534 K (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : None (Adjn.Petition) (Adjn.Petition) Revenue By : Shri Rajat Datta, Ld Cit : Shri Rajat Datta, Ld Cit Dr Date Of Hearing : 21/08/202 2025 Date Of Pronouncement : 21/08/2 2025 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), Cit(A), Nfac, Nfac, Delhi Delhi Dated7.2.2024 In Appeal No.Cit(A),Jamshedpur/10285/2019 Jamshedpur/10285/2019-20 For The Assessment Year For The Assessment Year 2012-13. 2. None Appear Appeared For The Assessee. However, An Adjournment Petition However, An Adjournment Petition Dated 21St August, 2025 Is Filed By Ld Ar Of The Assessee To Adjourn The Case August, 2025 Is Filed By Ld Ar Of The Assessee To Adjourn The Case August, 2025 Is Filed By Ld Ar Of The Assessee To Adjourn The Case For Two Weeks. For Two Weeks. Shri Rajat Dadda, Ld Cit Dr Represented On Behalf Of The Represented On Behalf Of The Revenue. On Perusal Of The Appeal Records, We Find That The Appeal Can Be On Perusal Of The Appeal Records, We Find That The Appeal Can Be On Perusal Of The Appeal Records, We Find That The Appeal Can Be P A G E 1 | 4 Assessment Year : 2012-13

For Appellant: None (Adjn.petition)For Respondent: Shri Rajat Datta, ld CIT
Section 147