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

Aviraj Pratap, Gurugram vs. ITO Ward 1(5), Guragon

In the result, the appeal of the assessee is dismissed as withdrawn

ITA 80/DEL/2024[2012-2013]Status: DisposedITAT Delhi09 Apr 2025AY 2012-2013

Bench: Shri Pradip Kumar Kedia[Assessment Year : 2012-13] Aviraj Pratap Vs Ito X-155, Regency Part-2 Ward-1(5) Clf City, Phase-Vi Gurgaon Haryana-122001 Pan-Apkpp7361Q Appellant Respondent Appellant By None Respondent By Shri Sanjay Kumar, Sr. Dr Date Of Hearing 09.04.2025 Date Of Pronouncement 09.04.2025 Order Per Pradip Kumar Kedia, Am : The Captioned Appeal Has Been Filed At The Instance Of The Assessee Seeking To Assail The First Appellate Order Dated 22.11.2023 Passed By Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Cit(A)”] Under S. 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dated 26.11.2019 Passed Under S. 144/147 Of The Act Relevant To Assessment Year 2012-13. 2. At The Time Of Hearing, No One Attended On Behalf Of The Assessee. Vide Letter Dated 24.10.2024, It Is Submitted That The Assessee Has Filed Declaration In Form 1 In Order To Avail “The Direct Tax Vivad Se Vishwas (Dtvsv) Scheme, 2024”. Form 2 Has Also Been Issued By The Income Tax Department. The Ld. Counsel Of The Assessee Thus Sought Withdrawal Of The Captioned Appeal. 3. The Ld. Sr. Dr For The Revenue Stated That He Has No Objection To Withdraw The Appeal As Sought On Behalf Of The Assessee. 4. In The Light Of Oral/Written Request Made On Behalf Of The Assessee, The Captioned Appeal Is Dismissed. However, In The Event, The Assessee Fails To Avail The Benefit Of Dtvsv Scheme For Any Bonafide Reasons, Then The Assessee Concerned Shall Be At Liberty To Seek Restoration Of Original Appeal For Hearing Before Itat In Accordance With Law. 5. In The Result, The Appeal Of The Assessee Is Dismissed As Withdrawn. Order Pronounced In The Open Court On 09Th April, 2025. (Pradip Kumar Kedia)

Minakshi Sharma, Delhi vs. ITO, Ward 59(6), Delhi

In the result, appeal of the assessee is partly allowed

ITA 1926/DEL/2024[2011-12]Status: DisposedITAT Delhi09 Apr 2025AY 2011-12

Bench: Shri Vikas Awasthyआअसं.1926/िद"ी/2024 (िन.व. 2011-12) Minakshi Sharma, A-612, Dilshad Colony, East Delhi, Delhi 110095 ...... अपीलाथ"/Appellant Pan: Bsups-4065-G बनाम Vs. Commissioner Of Income Tax (Appeals) ..... "ितवादी/Respondent National Faceless Appeal Centre, Delhi अपीलाथ" "ारा/ Appellant By : None "ितवादी"ारा/Respondent By : Shri Sanjay Kumar, Sr. Dr सुनवाई क" ितिथ/ Date Of Hearing : 14/01/2025 घोषणा क" ितिथ/ Date Of Pronouncement : : 09/04/2025 आदेश/Order Per Vikas Awasthy, Jm: This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, Delhi (Hereinafter Referred To As 'The Cit(A)') Dated 05.10.2023, For Assessment Year 2011-12. 2. The Appeal Is Time Barred By 142 Days. The Assessee Has Filed An Application Seeking Condonation Of Delay In Filing Of Appeal. The Reason For Delay In Filing Of Appeal Is On Account Of Medical Exigencies. The Assessee To Substantiate The Reason Has Annexed Medical Records With The Application. After Perusal Of The Same, I Am Satisfied That Delay In Filing Of Appeal Is Not Intentional Or For Want Of Action, But Was For The Reasons Stated In Application Which Appears To Be Bonafide. The Delay

For Appellant: NoneFor Respondent: Shri Sanjay Kumar, Sr. DR
Section 144Section 147Section 148Section 39Section 69A

Acestar Properties Pvt. Ltd., Chennai vs. ITO, Corporate Ward-1(1), Chennai

In the result, the stay application filed by the assessee is dismissed and the appeal filed by the assessee is allowed for statistical purposes

ITA 683/CHNY/2025[2021-22]Status: DisposedITAT Chennai09 Apr 2025AY 2021-22

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.683/Chny/2025 िनधा"रण वष"/Assessment Year: 2021-22 & S.A. No. 37/Chny/2025 [In I.T.A. No. 683/Chny/2025] Acestar Properties Private Limited, Vs. The Income Tax Officer, New No. 12, South Mada Street, Corporate Ward 1(1), Srinagar Colony, Saidapet, Chennai. Chennai 600 015. [Pan: Aafca7237B] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N. Arjun Raj, Advocate ""थ" की ओर से/Respondent By : Shri S. Maruthu Pandian, Cit सुनवाई की तारीख/ Date Of Hearing : 02.04.2025 घोषणा की तारीख /Date Of Pronouncement : 09.04.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 11.02.2025 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2021-22. 2. The Assessee Raised 2 Grounds Of Appeal, Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A)

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Shri S. Maruthu Pandian, CIT

Arumugam Dhandapani, Tiruvannamalai vs. ITO, Ward-1, Tiruvannamalai

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

ITA 2964/CHNY/2024[2017-18]Status: DisposedITAT Chennai09 Apr 2025AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Jagadishआयकर अपील सं./I.T.A. No.2964/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-18 Arumugam Dhandapani, Vs. The Income Tax Officer, No. 25, Velananthal Main Road, Ward 1, Velananthal, Rajapalayam Post, Tiruvannamalai. Tiruvannamalai 606 755. [Pan:Bvwpd5386C] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri Anandd Babunath, Ca ""थ" की ओर से/Respondent By : Shri N. Madan Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 03.04.2025 घोषणा की तारीख /Date Of Pronouncement : 09.04.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 08.11.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi For The Assessment Year 2017-18. 2. The Assessee Raised 6 Grounds Of Appeal Amongst Which, The Only Issue Emanates For Our Consideration As To Whether The Ld. Cit(A) Is Justified In Confirming The Additions Made By The Assessing Officer On Account Of Treating Cash Deposits During Demonetization Period As 2

For Appellant: Shri Anandd Babunath, CAFor Respondent: Shri N. Madan Kumar, JCIT
Section 133(6)Section 142(1)Section 144Section 44ASection 69A