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

Sushila Tyagi, Delhi vs. Income Tax Officer, Civic Centre, Delhi

In the result, the Assessee’s appeal is allowed for statistical purposes

ITA 472/DEL/2025[2012-13]Status: DisposedITAT Delhi15 Apr 2025AY 2012-13

Bench: Shri Mahavir Singh, Hon’Bleasstt. Year : 2012-13 Sushila Tyagi, Vs. Income Tax Officer, 87, Ground Floor, Ward B1-29(1), East Side, Safdarjung Enclave, Civic Centre, New Delhi New Delhi (Pan: Aiwpt8238P) (Appellant) (Respondent) Appellant By : None Respondent By : Shri Sanjay Kumar, Sr. Dr Date Of Hearing 15.04.2025 Date Of Pronouncement 15.04.2025 Order This Appeal Has Been Filed By The Assessee Against The Order Dated 27.11.2024 Passed By The Nfac, Delhi For The Assessment Year 2012-13. 2. None Appeared On Behalf Of The Assessee, Despite Issue Of Notice For Hearing, Hence, I Am Proceeding Exparte Qua The Assessee, After Hearing The Ld. Dr & Perusing The Records. 3. I Have Heard The Ld. Dr & Perused The Records. Upon Careful Consideration, It Is Noted That In This Case Assessing Officer Has Passed An Exparte Order U/S. 144 Of The Act & In Appeal Ld. Cit(A) Has Also Passed The Exparte Order, Even Without Deciding The Same On Merits. In View Of The Aforesaid Factual Matrix & In The Interest Of Justice, I Remit Back The Issues In Dispute To The File Of The Assessing Officer With The Directions To Decide The Same Afresh, After Giving Adequate Opportunity Of Being Heard To The Assessee, For Which Ld. Dr Has No Objection. Assessee Is Also Directed To Fully Cooperate With The Ao During The Proceedings. 4. In The Result, The Assessee’S Appeal Is Allowed For Statistical Purposes Order Pronounced In The Open Court On 15.04.2025. (Mahavir Singh)

For Appellant: NoneFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 144

Preeti Gupta, Faridabad vs. Income Tax Officer, Faridabad

In the result, the Assessee’s appeal is allowed for statistical purposes

ITA 458/DEL/2025[2017-18]Status: DisposedITAT Delhi15 Apr 2025AY 2017-18

Bench: Shri Mahavir Singh, Hon’Bleasstt. Year : 2017-18 Preeti Gupta, Vs. Income Tax Officer, H.No. 468, Sector-17, Nh-4, Nit Faridabad Faridabad-121002, Haryana-121001 Haryana (Pan: Bdcpg6426Q) (Appellant) (Respondent) Appellant By : None Respondent By : Shri Sanjay Kumar, Sr. Dr Date Of Hearing 15.04.2025 Date Of Pronouncement 15.04.2025 Order This Appeal Has Been Filed By The Assessee Against The Order Dated 11.12.2024 Passed By The Nfac, Delhi For The Assessment Year 2017-18. 2. None Appeared On Behalf Of The Assessee, Despite Issue Of Notice For Hearing, Hence, I Am Proceeding Exparte Qua The Assessee, After Hearing The Ld. Dr & Perusing The Records. 3. I Have Heard The Ld. Dr & Perused The Records. Upon Careful Consideration, It Is Noted That In This Case Assessing Officer Has Passed An Exparte Order U/S. 144 Of The Act & In Appeal Ld. Cit(A) Has Also Passed The Exparte Order, Even Without Deciding The Same On Merits. In View Of The Aforesaid Factual Matrix & In The Interest Of Justice, I Remit Back The Issues In Dispute To The File Of The Assessing Officer With The Directions To Decide The Same Afresh, After Giving Adequate Opportunity Of Being Heard To The Assessee, For Which Ld. Dr Has No Objection. Assessee Is Also Directed To Fully Cooperate With The Ao During The Proceedings. 4. In The Result, The Assessee’S Appeal Is Allowed For Statistical Purposes Order Pronounced In The Open Court On 15.04.2025. (Mahavir Singh)

For Appellant: NoneFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 144

Rajeev Kumar Gupta, Mohalla Kheru, Naya Bazarganjdundwara vs. Income Tax Officer -3 (4), Hathras

In the result, the Assessee’s appeal is allowed for statistical purposes

ITA 6132/DEL/2024[2010-11]Status: DisposedITAT Delhi15 Apr 2025AY 2010-11

Bench: Shri Mahavir Singh, Hon’Bleasstt. Year : 2010-11 Rajeev Kumar Gupta, Vs. Ito, Ward 3(4), Hathras Mohalla Kheru, Naya Uttar Pradesh Bazarganjdundwara, Etah, Uttar Pradesh (Pan: Aaopg6112D) (Appellant) (Respondent) Appellant By : None Respondent By : Shri Sanjay Kumar, Sr. Dr Date Of Hearing 15.04.2025 Date Of Pronouncement 15.04.2025 Order This Appeal Has Been Filed By The Assessee Against The Order Dated 19.2.2024 Passed By The Nfac, Delhi For The Assessment Year 2010-11. 2. None Appeared On Behalf Of The Assessee, Despite Issue Of Notice For Hearing, Hence, I Am Proceeding Exparte Qua The Assessee, After Hearing The Ld. Dr & Perusing The Records. 3. I Have Heard The Ld. Dr & Perused The Records. Upon Careful Consideration, It Is Noted That In This Case Assessing Officer Has Passed An Exparte Order U/S. 144/147 Of The Act & In Appeal Ld. Cit(A) Has Also Passed The Exparte Order, Even Without Deciding The Same On Merits. In View Of The Aforesaid Factual Matrix & In The Interest Of Justice, I Remit Back The Issues In Dispute To The File Of The Ld. Cit(A) With The Directions To Decide The Same Afresh, After Giving Adequate Opportunity Of Being Heard To The Assessee & Pass A Speaking Order On The Merits Of The Case, For Which Ld. Dr Has No Objection. Assessee Is Also Directed To Fully Cooperate With The Ld. Cit(A) During The Proceedings. 4. In The Result, The Assessee’S Appeal Is Allowed For Statistical Purposes Order Pronounced In The Open Court On 15.04.2025. (Mahavir Singh)

For Appellant: NoneFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 144