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

Shri Jagjeet Singh, Punch vs. Income Tax Officer Ward-2(3), Jammu

The appeal stand allowed for statistical purposes

ITA 543/ASR/2024[2017-18]Status: DisposedITAT Amritsar01 May 2025AY 2017-18

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Udayan Das Gupta, Jm आयकरअपील सं. / Ita No.543/Asr/2024 (िनधा"रणवष" / Assessment Year: 2017-18) Shri Jagjeet Singh Ito, Ward 2(3) Jammu C/O Shri P.N.Aroa (Advocate) Aaykar Bhawan 3Rd Floor, Srk Mall Rail Road Compelx बनाम/ Vs. 14-Kennedy Avenue Panama Chowk, J&K Mall Road, Amritsar-143001. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Biaps-5652-P (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. P.N.Arora (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Sh. Rajiv Wadhera (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 22-04-2025 घोषणाकीतारीख /Date Of Pronouncement : 01-05-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2017-18 Arises Out Of An Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 30-03- 2024 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] On Best Judgment Basis U/S.144 Of The Act On 26-11-2019. The Sole Grievance Of The Assessee Is Assessment Of Income Of Rs.166.28 Lacs. Having Heard Rival Submissions & Upon Perusal Of Case

For Appellant: Sh. P.N.Arora (Advocate) – Ld. ARFor Respondent: Sh. Rajiv Wadhera (Addl. CIT) – Ld. Sr. DR
Section 144

Jai Maa Durga Traders, Ballia vs. Commissioner of Income-Tax (Appeals), Income Tax Department

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

ITA 124/ALLD/2024[2012-13]Status: DisposedITAT Allahabad01 May 2025AY 2012-13

Bench: Sh. Subhash Malguria & Sh. Nikhil Choudharya.Y. 2012-13 Jai Maa Durga Traders, Vs. Commissioner Of Income-Tax Ballia (Appeals), Income Tax Department Pan:Aagfj8468H (Appellant) (Respondent) Assessee By: Sh. Kumar Ankit Srivastava, Adv Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 10.02.2025 Date Of Pronouncement: 01.05.2025 O R D E R Per Nikhil Choudhary, A.M.: [ This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), Nfac Dated 20.05.2024 Under Section 250 Of The Income Tax Act, 1961 Dismissing The Appeal Of The Assessee. The Grounds Of Appeal Filed By The Assessee Are Detailed & Run Into 16 Pages. Accordingly, For Reasons Of Brevity, The Grounds Of Appeal Are Not Being Reproduced In The Order But The Essence Of The Grounds Are That The Unilateral Order In Question Was Excessive, Illegal & Without Justice & That The Complete Details Of Inward Supplies & Outward Supplies Received By The Assessee In The Relevant Year Had Been Submitted, The Accounts Had Been Audited & Audit Report Uploaded On The Portal. The Firm Had Erroneously Been Allotted A Second Pan In The F.Y. 2011-12 On Application For Duplicate Pan & This Second Pan Had Been Furnished To The Bank While The Itr & Tax Audit Report Had Been Submitted On The Existing Pan. As A Result Of This, An Impression Had Been Created That There Were Unexplained Deposits In The Bank Account But The Fact Is That All The Deposits Were 1 Jai Maa Durga Traders A.Y. 2012-13

For Appellant: Sh. Kumar Ankit Srivastava, AdvFor Respondent: Sh. A.K. Singh, Sr. DR
Section 142(1)Section 148Section 250Section 44A

Surya Kiran Finance Corporation, New Delhi vs. DCIT, Central Circle-29, New Delhi

In the result, impugned order is set aside and appeal of the assessee is allowed for statistical purpose

ITA 475/DEL/2023[2016-17]Status: DisposedITAT Delhi01 May 2025AY 2016-17

Bench: Shri Vikas Awasthy& Shri Brajesh Kumar Singhआअसं.475/िद"ी/2016(िन.व. 2011-12) Raju Upadhyay, B-5/19, Yamuna Vihar, Delhi 110053 ...... अपीलाथ"/Appellant Pan: Aaqpu-9644-Q बनाम Vs. Income Tax Officer, ....."ितवादी/Respondent Ward-34(2), New Delhi अपीलाथ" "ारा/ Appellant By: S/Shri Shubham Jha & Sahil Upadhayay, Advocates "ितवादी"ारा/Respondent By: Shri B.S. Anand, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 24/06/2025 घोषणा क" ितिथ/ Date Of Pronouncement : 24/06/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals)-19, New Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 23.10.2015, For Assessment Year 2011-12. 2. Shri Shubham Jha, Appearing On Behalf Of The Assessee Submits That The Assessee Is A Document Writer In The District Courts, Delhi. The Assessee Entered Into An Agreement To Sell Dated 05.05.2010 With Vardhman Business P. Ltd. For Sale Of Agricultural Land Admeasuring 68 Bigha 10 Biswa (14.25 Acre Approximately) Situated At Village Sabhapur, River Belt, Delhi For A Total Consideration Of Rs. 10,45,50,000/-.

For Appellant: S/Shri Shubham Jha & Sahil UpadhayayFor Respondent: Shri B.S. Anand, Sr. DR
Section 144Section 68

Nasimben Sadikbhai Kotadia, Bhanvad vs. Income Tax Officer, Dwarka

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

ITA 72/RJT/2025[2010-11]Status: DisposedITAT Rajkot30 Apr 2025AY 2010-11

Bench: Dr. Arjun Lal Saini, Am. आयकर अपील सं./Ita No.72/Rjt/2025 "नधा"रणवष" / Assessment Year: (2010-11) Nasimben Sadikbhai Kotadia Vs. Income Tax Officer Ward-1, Sahmandli Vistar, Post At- Bhanvad, Dwarka-361335 Jamnagar-361 010 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Bphpk6343B (Appellant) (Respondent) Appellant By : None Respondent By : Shri Abhimanyu Singh Yadav , Ld. Sr. (Dr) Date Of Hearing : 11/03/2025 Date Of Pronouncement : 30/04/2025 आदेश / O R D E R Dr. Arjunlal Saini Am; Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year 2010-11, Is Directed Against The Order Passed By The Learned Commissioner Of Income-Tax (Appeals), Vide Order Dated 20/01/2025, Which In Turn Arises Out Of An Order Passed By The Assessing Officer Dated 28/12/2017, U/S 143(3) Rw.S. 144 Of The Income Tax Act, 1961. 2. At The Time Of Hearing, None Appeared On Behalf Of Assessee Nor Filed Any Application For Adjournment Despite Issuance Of Notice For Hearing, On The Address Given By The Assessee, In Form-36 & Ld.Senior Departmental Representative For The Respondent / Revenue Was Present. In Absence Of Any Application Filed By The Assessee / Appellant, The Appeal Is Disposed Of Ex Parte, After Hearing Ld.Sr-Dr On Merits In Terms Of Rule 24 Of Income Tax Appellate Tribunal Rules, 1963.

For Appellant: NoneFor Respondent: Shri Abhimanyu Singh Yadav , Ld. Sr. (DR)
Section 143(3)Section 250(6)