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

Rajendra Singh Bagga, Damoh vs. Asst. Commissioner of Income Tax Circle, Katni

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

ITA 187/JAB/2024[2017-18]Status: DisposedITAT Jabalpur30 Jun 2025AY 2017-18

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2017-18 Rajendra Singh Bagga, 15 43, Tandon Vs. National Faceless Assessment Bagicha, College Road, Gayatri Nagar, Centre, Delhi [Jurisdiction Damoh, M.P. Officer-Acit Katni-Circle, Katni Pan:Adgpb8418G (Appellant) (Respondent) Assessee By: Sh. Dhiraj Ghai, Fca Revenue By: Sh. Alok Bhura, Sr. Dr Date Of Hearing: 20.05.2025 Date Of Pronouncement: 30.06.2025 O R D E R Per Nikhil Choudhary, A.M. This Is An Appeal Filed By The Assessee Against The Order Of The Learned Cit(A), Nfac Under Section 250 Of The Income Tax Act Dated 14.10.2024 Whereby Learned Cit(A) Has Dismissed The Appeal Of The Assessee Filed Against The Orders Of The Learned Ao Under Section 147 Read With Section 144 Dated 30.03.2022. The Grounds Of Appeal Are Under:- “1. On The Facts & Circumstances Of The Case, The Ld. Cit(A) Erred In Passing Ex- Party Order Without Providing Adequate Opportunity As Only Three Dates For Hearing Were Fixed & That Too In The Peak Periods Of Filling Of Tax Audits, Income Tax Returns & Accordingly Assessee Was Busy In Filling His Audit Report /Itr & Had Seeked Adjournment Also In This Regard. 2. On The Facts & Circumstances Of The Case, Cit (A) Erred In Confirming Addition Of 6 Lacs Under Section 68, When Ao Himself Admitting In The Assessment Order That The Difference Of 5% 'Was Applicable As Allowable Difference Between Circle Rate & Actual Rate Of Purchase Of Property. Hence Forth The Addition Of Rs 6 Lacs Should Have Been Deleted By Ao.

For Appellant: Sh. Dhiraj Ghai, FCAFor Respondent: Sh. Alok Bhura, Sr. DR
Section 144Section 147Section 148Section 250Section 56(2)(vii)Section 68Section 69

M/S Asit Dixit, Jabalpur vs. Income Tax Officer Ward 2(2), Jabalpur

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

ITA 177/JAB/2024[2005-06]Status: DisposedITAT Jabalpur30 Jun 2025AY 2005-06

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2005-06 M/S Asit Dixit, Kartik Hotel, Near Vs. The Ito, Naudra Bridge, Jabalpur, M.P. Ward-2(2), Jabalpur Pan:Ggkps4130P (Appellant) (Respondent) Assessee By: Sh. Sanjay Seth, Ca Revenue By: Sh. Alok Bhura, Sr. Dr Date Of Hearing: 21.05.2025 Date Of Pronouncement: 30.6.2025 O R D E R Per Nikhil Choudhary, A.M. This Is An Appeal Filed By The Assessee Against The Orders Of The Learned Cit(A), Nfac Under Section 250 Of The Income Tax Act, 1961 Dated 25.09.2024 Wherein The Learned Cit(A) Has Dismissed The Appeal Of The Assessee That Was Filed Against The Assessment Order Passed Under Section 254/147/144 Of The Income Tax Act By The Assessing Officer On 27.03.2023. The Grounds Of Appeal Are Under: - “1. That On The Facts & In The Circumstances Of Case The Addition Made Is Patently Wrong & Unwarranted As The Ao Has Not Followed The Order Of Hon’Ble Itat Bench Jabalpur For Verification Of Capital Introduced Of Rs. 37,00,000/- By Late Santosh Kumar Jaiswal. Notice Issued By Cit(A) For Fixing The Case For Hearing Are Not Seen As All Are Received In The Spam Folder & Due To Which The Notices Sent Through Mail Were Not Seen By The Assessee & The Reply Before The Cit (A) Could Not Been Submitted & The Ex-Party Order Was Passed & Appeal Was Dismissed. It Is Requested Kindly Delete The Addition Made By Ao.

For Appellant: Sh. Sanjay Seth, CAFor Respondent: Sh. Alok Bhura, Sr. DR
Section 142(1)Section 144Section 184(5)Section 250Section 254

Rahman Shah, Chhindwara vs. Income Tax Officer, Ward Chhindwara, Chhindwara

In the result the appeal is allowed for statistical purposes

ITA 175/JAB/2024[2017-18]Status: DisposedITAT Jabalpur30 Jun 2025AY 2017-18

Bench: Sh. Kul Bharat & Sh. Nikhil Choudharya.Y. 2017-18 Rahman Shah, H. No. 817, Vs. The Ito, Lakhanwarda Ghasanvada Bsrahira Ward-Chhindwara, M.P. Seja, Amarwada, Chhindwara, M.P. Pan:Ggkps4130P (Appellant) (Respondent) Assessee By: Sh. G.N. Purohit, Sr. Advocate Revenue By: Sh. Alok Bhura, Sr. Dr Date Of Hearing: 20.05.2025 Date Of Pronouncement: 30.06.2025 O R D E R Per Nikhil Choudhary, A.M. This Is An Appeal Filed Against The Order Of The Learned Cit(A) Under Section 250 Of The Income Tax Act 1961 Wherein The Learned Cit(A) Has Dismissed The Appeal Of The Assessee That Was Filed Against The Order Of The Ito-Ward 1, Chhindwara Under Section 144 Of The Act Dated 30.10.2019. The Grounds Of Appeal Are Under:- “1. That The Learned Ao As Well As Cit(A) Has Erred In Law & On Facts Of The Case Making Ex Party Order. The Assessee Did Not Received Any Communication Regarding The Hearing Of The Appeal. The Assessee Is Denied Opportunity Of Hearing. The Order Should Be Set-Aside. 2. The Addition Of Rs. 60,00,000/- Is Illegal Unjustified. It Is Fully Covered But The Withdrawals From The Same Bank Account. The Addition Should Be Deleted In Toto. 3. The Assessee Is An Agriculturist & Advised Not Liable To Income Tax. The Assessment For The Assessment Year 2017-18 Should Be Quashed In Toto.

For Appellant: Sh. G.N. Purohit, Sr. AdvocateFor Respondent: Sh. Alok Bhura, Sr. DR
Section 131Section 144Section 250Section 69A