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

Aldiablos Infotech Private Limited, Ahmedabad vs. The Income Tax Officer, Ward-1(1)(1), Ahmedabad

In the result, all the appeals of the assessee are allowed for statistical

ITA 353/AHD/2024[2013-14]Status: DisposedITAT Ahmedabad08 Apr 2025AY 2013-14

Bench: Ms. Suchitra Kamble & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita Nos.353, 354, 355, 356 & 357/Ahd/2024 निर्धारण वर्ष / Assessment Years : 2013-14, 2014-15, 2015-16, 2016-17 & 2017-18 Aldiablos Infotech Pvt.Ltd. 1St Floor, Mauryansh Elanza, Shyamal Cross Road, Ahmedabad – 380 015 बनाम/ V/S. The I.T.O. Ward-1(1)(1), Ahmedabad स्थायी लेखा सं./Pan: Aakca 3027 E Assessee By: Shri P.F. Jain, Ar Revenue By : Shri Rignesh Das, Sr.Dr सुनवाई की तारीख/Date Of Hearing : 02/04/2025 घोषणा की तारीख / Date Of Pronouncement: 08/04/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: These Five Appeals Have Been Preferred By The Assessee Against The Orders Passed By The Ld.Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “Cit(A)"], For The Assessment Years (Ays) 2013-14 To 2017-18 Arising From The Orders Passed By The Assessing Officer (Hereinafter Referred To As “Ao") U/S 143(3) R.W.S.147 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act). Since Common Issues Are Involved, All These Appeals Are Disposed Of By This Consolidated Order.

For Appellant: Shri P.F. Jain, ARFor Respondent: Shri Rignesh Das, Sr.DR
Section 115BSection 142(1)Section 143(3)Section 144Section 147Section 68Section 69A

Sachin Jagdishprasad Agarwal, Pune vs. Income Tax Officer, Pune

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

ITA 1567/PUN/2024[2017-18]Status: DisposedITAT Pune08 Apr 2025AY 2017-18

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1567/Pun/2024 िनधा"रण वष" / Assessment Year : 2017-18 Sachin Jagdishprasad Agarwal, Vs. Ito, Ward-6(5), Pune. O.No.2, Metropole, Near Inox Multiplex, Bund Garden Road, Pune- 411001. Pan : Aappa6250R Appellant Respondent Assessee By : Shri Krishna Gujarathi Revenue By : Shri Arvind Desai Date Of Hearing : 15.01.2025 Date Of Pronouncement : 08.04.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 27.05.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2017-18. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1) On The Facts & In The Circumstances Of The Case & In Law, The Learned Commissioner Of Income Tax (Appeals) Has Erred In Confirming The Addition Made By Ao To The Tune Of Rs.13,20,000 Made Under Section 69A On Account Of Cash Deposited During The Demonetization Period In His Bank Account Out Of The Opening Cash Balance Available With Him Which Has Been Arbitrarily Alleged To Be Unexplained. The Appellant Hereby Prays That The Disallowance Of Rs. 13,20,000/- May Please Be Deleted.

For Appellant: Shri Krishna GujarathiFor Respondent: Shri Arvind Desai
Section 143(2)Section 144Section 69A