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

Naranbhai Kanabhai Mayatra, Gandhidham vs. ACIT/DCIT Circle, Gandhidham

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

ITA 96/RJT/2026[2023-24]Status: DisposedITAT Rajkot28 Aug 2026AY 2023-24

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 96/Rjt/2026 ("नधा"रणवष"/Assessment Year: (2023-24) Naranbhai Kanabhai Mayatra Acit/Dcit Circle, Plot No-342/A Apna Nagar, Income-Tax Office, Plot No. 32, Vs. Gandhidham Gujrat 370201 Sector No. 3, Near Iffco Colony, Gndhidham Gujrat 370201 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Actpm7786Q (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Vimal Desai, Ld. Ar Respondent By : Shri Ravinder Sindhu, Ld. Cit Dr Date Of Hearing : 11/08/2026 Date Of Pronouncement : 28/08/2026 Order Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2023-24, Is Directed Against The Order Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 27.11.2025, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 144 Read With Section 144B Of The Act, Dated 25.03.2025. 2. At The Outset Itself, The Ld. Counsel For The Assessee Assailed The Impugned Order By Contending That The Assessee Could Not Represent His Case Before Ld. Cit(A) & The Order Being An Ex-Parte Order, Stood Vitiated On Account Of Violation Of Naranbhai Kanabhai Mayatra Principle Of Natural Justice. The Ld. Counsel For The Assessee Contended That In The Interest Of Justice, Another Opportunity To Contest The Appeal Before The Assessing Officer May Be Granted To The Assessee. The Ld. Counsel Submitted That During The Appellant Proceedings, Assessee Submitted Confirmation & Additional Evidences Before The Ld. Cit(A), Which Has Not Been Admitted By Ld. Cit(A) & Assessee Wants To Submit More Additional Evidences Before Assessing Officer.

For Appellant: Shri Vimal Desai, Ld. ARFor Respondent: Shri Ravinder Sindhu, Ld. CIT DR
Section 144Section 144BSection 250

Mangalam Metals, Jamnagar, Gujarat vs. Income Tax Officer, Ward 2(10), Jamnagar, Gujarat

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

ITA 948/RJT/2026[2021-22]Status: DisposedITAT Rajkot28 Aug 2026AY 2021-22

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 948/Rjt/2026 [ "नधा"रणवष"/Assessment Year: 2021-22 ] Mangalam Metals Income-Tax Officer, Plot No. 3441,Road No. F, Vs. Ward 2(10), Gidc Phase – 3, Dared Aayakar Bhavan, Lalpur Highway, Jamnagar Gujrat 361005 Near Hanuman Temple , At Dared Jamnagar Gujrat 361005 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abkfm9110C (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Yogesh, Ld. Ar Respondent By : Shri Ganesh Iyer, Ld. Sr. Dr Date Of Hearing : 06/08/2026 Date Of Pronouncement : 28/08/2026 :: Order :: Per, Dr. Arjun Lal Saini, Am: The Present Appeal Has Been Filed By The Assessee, Against The Order Passed By The Learned Commissioner Of Income Tax (Appeal), National Faceless Appeal, Centre (Nfac), Delhi Dated [Hereinafter Referred To As “Cit(A)”] 30.06.2026 Arising In The Matter Of Assessment Order Passed U/S. 144 Read With Section 144B Of The Income Tax Act, 1961 Order Dt. 19.12.2022 (Here-In-After Referred To As “The Act”) Relevant To The Assessment Year 2021-22. 2. At The Outset Itself, The Ld. Counsel For The Assessee Assailed The Impugned Order By Contending That The Assessee Could Not Represent His Case Before Ld. Cit(A) & The Order Being An Ex-Parte Order, Stood Vitiated On Account Of Violation

For Appellant: Shri Yogesh, Ld. ARFor Respondent: Shri Ganesh Iyer, Ld. Sr. DR
Section 144Section 144B

Shri Khadadhar Juth Seva Sahakari Mandli Ltd, Gondal vs. ITO WD 1(2)(1), Rajkot

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

ITA 942/RJT/2026[2018-19]Status: DisposedITAT Rajkot28 Aug 2026AY 2018-19

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 942/Rjt/2026 [ "नधा"रणवष"/Assessment Year: 2018-19 ] Shri Khadadhar Juth Seva Income Tax Officer Ito Wd Sahakari Mandli Ltd, Tal. Vs. 1(2)(1), It-Office, New Aayakar Gondal Dist. Rajkot- Bhawan, Gujarat -360311 Vatiaka, Rajkot, Gujarat-360311 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aadts1202P (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri R. K. Doshi, Ld. Ar Respondent By : Shri Ram Tiwari, Ld. Cit (Dr) Date Of Hearing : 30/07/2026 Date Of Pronouncement : 28/08/2026 : Order : Per, Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2018-19, Is Directed Against The Order Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As 'The Act') Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short 'Nfac/Ld.Cit(A)'], Dated 29.04.2026, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 147 R.W.S. 144 Of The Act, Dated 30.03.2023. Ita No.942-Rjt-2026 [ Ay 2018-19 ] Shri Khadadhar Juth Seva Sahakari Mandli Ltd V. Ito

For Appellant: Shri R. K. Doshi, Ld. ARFor Respondent: Shri Ram Tiwari, Ld. CIT (DR)
Section 144Section 147Section 250

Rasikbhai Sojitra, Jamnagar vs. Income Tax Officer, Ward 1 (2), Jamnagar

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

ITA 736/RJT/2026[2019-20]Status: DisposedITAT Rajkot28 Aug 2026AY 2019-20

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकर अपील सं./Ita No. 736/Rjt/2026 [ "नधा"रण वष"/Assessment Year: 2019-20 ] Rasikbhai Sojitra, Income Tax Officer, Main Road, At- Dared, Vs. Ward 1 (2), Jamnagar, Ta-Jamnagar, Dist- Jamnagar- Aaykar Bhavan, Jamnagar, Gujarat-361012 Gujarat-361008 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Cwfps0462M (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri P. V. Kachchdiya, Ld. Ar Respondent By : Shri Ram Tiwari, Ld. Sr. Dr Date Of Hearing : 30/07/2026 Date Of Pronouncement : 28/08/2026 : Order : Per, Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2019-20, Is Directed Against The Order Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 11.03.2026, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 147 R.W.S. 144 Of The Act, Dated 20.03.2024. 2. At The Outset, Ld. Counsel For The Assessee Submitted That Assessee Did Not Submit The Entire Documents & Evidences Before The Assessing Officer As Well

For Appellant: Shri P. V. Kachchdiya, Ld. ARFor Respondent: Shri Ram Tiwari, Ld. Sr. DR
Section 147Section 250

Mukeshkumar Pravinchandra Juthani, Rajkot vs. The ITO WD-2, Junagadh

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

ITA 46/RJT/2026[2015-16]Status: DisposedITAT Rajkot28 Aug 2026AY 2015-16

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 46/Rjt/2026 ("नधा"रणवष"/Assessment Year: (2015-16) Mukeshkumar Pravinchandra The Cit, (Appeal) Juthani Nfac, Delhi Vs. “Om Shri Padamlaya”, Nr. The I.T.O. Ward – 2 Trikamrayji Haweli 16 – Jagnath Junagadh Gujrat Plot, Dr. Yagnik Road, Opp. Imperial Hotel, Rajkot Gujrat - 360001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Abmpj0103A (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Ms. Leena Tejura, Ld. Ar Respondent By : Shri Ganesh Iyer, Ld. Sr. Dr Date Of Hearing : 03/08/2026 Date Of Pronouncement : 28/08/2026 Order Per,Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Revenue, Pertaining To Assessment Year (Ay) 2015-16, Is Directed Against The Order Under Section 250 Of The Income- Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 25.01.2024, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 144 Of The Act, Dated 06.12.2017. Mukeshkumar Pravinchandra Juthani

For Appellant: Ms. Leena Tejura, Ld. ARFor Respondent: Shri Ganesh Iyer, Ld. Sr. DR
Section 144Section 250Section 253(3)

Dilipsinh Ranmalsinhji Jadeja, Jamnagar, Gujarat vs. Income Tax Officer, Ward 2(10), Jamnagar

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

ITA 867/RJT/2025[2019-20]Status: DisposedITAT Rajkot28 Aug 2026AY 2019-20

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकरअपीलसं./Ita No. 867/Rjt/2025 [ "नधा"रणवष"/Assessment Year: 2019-20 ] Dilipbhai Ranmalsinhji Jadeja Income Tax Officer, Tenament No. 8910, Mahavir Ward 2 (10) Vs. Nagar, Ranjitsagar, Jamnagar Aayakar Bhawan,Jamnagar Gujrat 361001 Gujrat 361001 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Badpb1665E (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Sagar Shah, Ld. Ar Respondent By : Shri Sanjay Kumar, Ld. Cit Dr Date Of Hearing : 03/08/2026 28/08/2026 Date Of Pronouncement : Order Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2019-20, Is Directed Against The Order Under Section 250 Of The Income- Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 13.06.2025, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 147 R.W.S. 144 Read With Section 144B Of The Act, Dated 01.03.2024. 2. When The Matter Was Called For Hearing, The Learned Counsel For The Assessee At The Outset Submitted That The Appeal Has Been Filed Dilipbhai Ranmalsinhji Jadeja

For Appellant: Shri Sagar Shah, Ld. ARFor Respondent: Shri Sanjay Kumar, Ld. CIT DR
Section 144BSection 147Section 250