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

Shambhu Dasgupta, Dalkhola vs. Income Tax Officer, Raiganj

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

ITA 221/KOL/2025[2017-18]Status: DisposedITAT Kolkata13 Jun 2025AY 2017-18

Bench: Shri Duvvuru Rl Reddyआयकर अपील सं/Ita No.221/Kol/2025 (नििाारण वर्ा / Assessment Year : 2017-18) Shambhu Dasgupta Vs Income Tax Officer, It Office, Sbi Building, Subhaspally, Dalkhola, Karnojhora, Raiganj, Karandighi, Uttar Dinajpur, West Bengal-733201 Pan No. : Ciwpd 4351 D (अपीलार्थी /Appellant) (प्रत्यर्थी / Respondent) .. नििााररती की ओर से /Assessee By : Shri Chandan Sanghai, Ar राजस्व की ओर से /Revenue By : Shri Abhijit Adhikary, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 06/05/2025 घोषणा की तारीख/Date Of Pronouncement : 13/05/2025 आदेश / O R D E R The Present Appeal Is Directed At The Instance Of Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), Nfac Delhi Dated 18.11.2024 Passed For Assessment Year 2017-18. 2. At The Outset, On Perusal Of The Appeal Record, I Find That The Appeal Of The Assessee Is Filed Belatedly By 10 Days. In This Regard, The Assessee Has Filed An Application For Condonation Of Delay Supported With An Affidavit Stating Sufficient Reasons For Delay In Filing The Appeal. In The Said Affidavit, The Assessee Has Sworn That The Assessee Was Suffering From Some Health Issues From 04.01.2025 To 17.01.2025 & Was Under Medical Treatment During This Period, Which Caused The Delay In Filing The Appeal Before The Tribunal Within The Stipulated Period. In Support Of The Same, The Assessee Has Also Enclosed Medical Certificate. Ld. Sr. Dr Also Did Not Raise Any Objection To Condone The Delay. Considering The Facts

For Appellant: Shri Chandan Sanghai, ARFor Respondent: Shri Abhijit Adhikary, Sr. DR
Section 144Section 69A

Manish Agarwal, Kolkata vs. ITO Ward 37(1), Kolkata

In the result, the appeal of the assessee is dismissed

ITA 2591/KOL/2024[2017-18]Status: DisposedITAT Kolkata13 Jun 2025AY 2017-18

Bench: Shri Duvvuru Rl Reddy & Shri Rakesh Mishramanish Agarwal, Vs Ito, Ward-37(1), Kolkata C/O Vishal Agarwal, Mk Point, Suite No.505, 27 Bentick Street, Kolkata Pan No. :Akups 0920 P (अपीलधर्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्धाररती की ओर से /Assessee By : Shri Vishal Agarwal, Fca रधजस्व की ओर से /Revenue By : Shri Praveen Kishore, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 09/04/2025 घोषणा की तारीख/Date Of Pronouncement : 13/06/2025 आदेश / O R D E R The Present Appeal Is Directed At The Instance Of Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi Dated 21.10.2024 Passed For Assessment Year 2017-18. 2. It Was The Submission Of The Ld. Counsel For The Assessee That The Ld. Cit(A) Has Not Adjudicated The Legal Issue & Simply Remit The Matter Back To The File Of Ld. Assessing Officer Since It Is An Ex-Parte Order Before The Assessing Officer. Therefore, The Ld. Counsel For The Assessee Pleaded That The Matter May Go Back To The File Of Ld. Cit(A) With A Direction To Adjudicate The Legal Ground Raised By The Assessee. 3. On The Other Hand, Ld.Cit-Dr Submitted That The Ld. Cit(A) Has Power To Remit The Issue Back To The File Of Assessing Officer Since The Order Passed By The Ld. Assessing Officer Is U/S.144 Of The Act & The Assessee

For Appellant: Shri Vishal Agarwal, FCAFor Respondent: Shri Praveen Kishore, CIT-DR
Section 144