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

Shanti Devi Kushwaha, Bharatpur vs. ACIT, Circle -4(2)(1), Farrukhabad

The appeal stand partly allowed as indicated upon conclusion of hearing

ITA 33/AGR/2024[2017-18]Status: HeardITAT Agra28 Mar 2025AY 2017-18

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No. 33/Agr/2024 (िनधा"रणवष" / Assessment Year: 2017-18) Smt. Shanti Devi Kushwaha Acit-Circle-4(2)(1) बनाम/ C-162, Ranjeet Nagar Farukhabad Vs. Bharatpur, Rajasthan "थायीलेखासं./जीआइआरसं./Pan/Gir No.Dpbpk-5044-H (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : None ""थ"कीओरसे/Respondent By : Shri Shailendra Shrivastava – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 13-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2017- 18 Arises Out Of The Order Of Learned Commissioner Of Income Tax (Appeals), Nfac [Cit(A)] Dated 27-12-2023 In The Matter Of An Assessment Framed By Ld. Ao On Best Judgment Basis U/S 144 Of The Act On 13-11-2019. At The Time Of Hearing, None Appeared For Assessee & Accordingly, The Appeal Was Proceeded With The Able Assistance Of Ld. Sr. Dr Who Pleaded For Dismissal Of The Appeal. 2. It Could Be Seen That The Assessment Has Been Framed On Best Judgment Basis. The Assessee Was Engaged In Civil Contract Work & It Failed To Produce Its Books Of Accounts Before Ld. Ao. Accordingly

For Appellant: NoneFor Respondent: Shri Shailendra Shrivastava – Ld. Sr. DR
Section 115BSection 144Section 68

Manoj Kumar Jain, Agra vs. CIT Appeals, Agra

The appeal stand allowed for statistical purposes as indicated upon conclusion of hearing

ITA 30/AGR/2023[2017-2018]Status: DisposedITAT Agra28 Mar 2025AY 2017-2018

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No.30/Agr/2023 (िनधा"रणवष" / Assessment Year: 2017-18) Shri Manoj Kumar Jain Ito-Ward 2(1)(2) बनाम/ Vill & Post Shahpur, Braman Agra Vs. Tehsil Bah, Agra "थायीलेखासं./जीआइआरसं./Pan/Gir No.Bdnpm-2972-E (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : None ""थ"कीओरसे/Respondent By : Shri Shailendra Shrivastava – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 11-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025 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 Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 20-01-2023 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 144 Of The Act On 27-11-2019. The Sole Grievance Of The Assessee Is Confirmation Of Addition Of Cash Deposit For Rs.10.50 Lacs & Estimation Of Business Income At Rs.3.65 Lacs. The Assessee Failed To Substantiate Its Stand Before Lower Authorities. At The Time Of Hearing, None Appeared For Assessee & Accordingly

For Appellant: NoneFor Respondent: Shri Shailendra Shrivastava – Ld. Sr. DR
Section 144

Income Tax Officer, Aligarh vs. Sanjay Singh, Aligarh

The appeal stand dismissed

ITA 182/AGR/2023[2018-19]Status: DisposedITAT Agra28 Mar 2025AY 2018-19

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपीलसं./ Ita No.181/Agr/2023 (िनधा"रणवष" / Assessment Year: 2018-19) & 2. आयकरअपीलसं./ Ita No.182/Agr/2023 (िनधा"रणवष" / Assessment Year: 2018-19) Income-Tax Officer Shri Sanjay Singh 4(1)(1), Aligarh. S/O Sh. Yogendra Singh, बनाम/ V.S. Enterprises, Gali No.1, Vs. Tikonia Nagla Road Sangam Vihar, Aligarh. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Gtrps-3169-E (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : None ""थ"कीओरसे/Respondent By : Dr. Arun Kumar Yadav – Ld. Cit/Dr सुनवाईकीतारीख/Date Of Hearing : 18-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeals By Revenue For Assessment Year (Ay) 2018-19 Arises Out Of Separate Orders Of Learned First Appellate Authority. First, We Take Up Appeal Ita No.181/Agr/2023 Which Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac [Cit(A)] Dated 29- 09-2023 In The Matter Of An Assessment Framed By Ld. Ao U/S 144 R.W.S. 144B Of The Act Vide Order Dated 22-04-2021. At The Time Of Hearing, None Appeared For Assessee. Therefore, The Appeals Were Heard With The Able Assistance Of Ld. Cit-Dr Who Pleaded For Restoration Of Assessment Order. Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under.

For Appellant: NoneFor Respondent: Dr. Arun Kumar Yadav – Ld. CIT/DR
Section 144