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

Vellaikannu Rajagounder Subramaniam, Vellore vs. ITO, Ward-3, Vellore

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1307/CHNY/2025[2017-18]Status: DisposedITAT Chennai18 Jul 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./I.T.A. No.1307/Chny/2025 िनधा"रण वष"/Assessment Year: 2017-18 Vellaikannu Rajagounder Vs. The Income Tax Officer, Subramaniam, No. 4, New Street, Ward 3, Thirunagar, Gandhinagar, Vellore. Vellore 632 006. [Pan:Abtps6539A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Abhishek Murali, C.A. (Virtual) ""थ" की ओर से/Respondent By : Ms. V. Supraja, Addl.Cit सुनवाई की तारीख/ Date Of Hearing : 16.07.2025 घोषणा की तारीख /Date Of Pronouncement : 18.07.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 21.06.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2017-18. 2. We Find That This Appeal Is Filed With A Delay Of 248 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit

For Appellant: Shri Abhishek Murali, C.A. (virtual)For Respondent: Ms. V. Supraja, Addl.CIT
Section 131Section 133(6)Section 142(1)Section 144Section 69A

Jose Salvador Bemvindo Fernandes, Cuncolim, Goa vs. Income Tax Officer, W-1, Margao, Goa

In the result, the appeal filed by assesse is allowed for statistical purposes

ITA 56/PAN/2025[2015-16]Status: DisposedITAT Panaji17 Jul 2025AY 2015-16

Bench: Shri Pavan Kumar Gadale & Shri G D Padmahshalii T A. Nos.56/Pan/2025 (A.Y. 2015-16) Jose Salvador Bemvindo Ito-Ward-1, Vs Fernandes, Blessings Pioneer . Voddy, Cuncolim, Complex, Salcete-403703, Old Market, Goa. Margoa, Goa-403601. Pan/Gir No. Abjpf7713K (अपीलाथ"/Appellant) (""यथ"/Respondent) Assessee By Shri.Narcinva Lotlikar.Ar Revenue By Smt.Rijula Uniyal.Sr.Dr सुनवाई क" तार"ख/Date Of Hearing 07.07.2025 घोषणा क" तार"ख/Date Of Pronouncement 17.07.2025 Order Per Pavan Kumar Gadale ,Jm: The Assesse Has Filed The Appeal Against The Order Of The Nfac/Cit(A) Delhi Passed U/Sec147 R.W.S144B & U/Sec 250 Of The Act. 2. At The Time Of Hearing, It Was Found That There Is A Delay Of 45 Days In Filing The Appeal Before The Hon’Ble Tribunal & The Assesse Has Filed An Affidavit For Condonation Of Delay. Whereas, The Facts Mentioned In The Affidavit Are Reasonable & Sufficient Cause Was Explained & The Ld. Dr Has No Specific Objections. Accordingly, We Condone The 2 Ita. No.56/Pan/2025 Jose Salvador Bemvindo Fernandes. Delay & Admit The Appeal. The Assesse Has Raised The Grounds Of Appeal Challenging The Ex-Parte Order Of The Cit(A) Sustaining The Addition Made By The Assessing Officer.

Section 144

Navnitbhai Jerambhai Desai, Surat vs. ITO, Ward- 3(2)(1), Surat

In the result, appeal of the assessee is allowed

ITA 136/SRT/2025[2017-18]Status: DisposedITAT Surat17 Jul 2025AY 2017-18

Bench: Shri Tr Senthil Kumar & Shri Bijayananda Prusethआयकर अपील सं./Ita No.136/Srt/2025 Assessment Year: (2017-18) (Hybrid Hearing) Navnitbhai Jerambhai Desai Income Tax Officer 44, Vaikunthdham Society, Vs. Ward No.3(2)(1), Surat, Laxmikant Aashram Road, Aayakar Bhavan, Majura Katargam, Surat-395 004 Gate, Surat-395 001 स्थायीलेखासं./जीआइआरसं./Pan/Gir No: Afzpp 3076 P (अपीलाथ"/Appellant) (प्र"थ" /Respondent) िनधा"रती की ओर से /Appellant By Shri Mehul Shah, Ca राज" की ओर से /Respondent By Shri Ajay Uke, Sr-Dr सुनवाई की तारीख/Date Of Hearing 02/07/2025 उद्घोषणा की तारीख/Date Of Pronouncement 17/07/2025 आदेश / O R D E R Per Bijayananda Pruseth, Am: This Appeal By The Assessee Emanates From The Order Passed Under Section 250 Of The Income-Tax Act, 1961 (In Short, ‘The Act’) Dated 13.12.2024 By The National Faceless Appeal Centre (Nfac), Delhi/Commissioner Of Income-Tax (Appeals) [In Short, ‘Cit(A)’] For The Assessment Year (Ay) 2017-18, Which In Turn Arises Out Of Assessment Order Passed By Assessing Officer (In Short, ‘Ao’) U/S 144 Of The Act Dated 26.11.2019. Grounds Of Appeal Raised By The Assessee Are As Under: “1. On The Facts & Circumstances Of The Case, The Learned Cit(A) Has Erred In Confirming The Action Of Assessing Officer In Making Addition Of Rs.13,68,000/- On Account Of Unexplained Income U/S 69A R.W.S. 115Bbe.

Section 115BSection 143(2)Section 144Section 250Section 69A