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

Radhika Jewellers, Porbandar vs. ITO WD 2(3), CIT Appeal, Porbandar

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

ITA 974/RJT/2026[2023-24]Status: DisposedITAT Raipur06 Oct 2026AY 2023-24

Bench: Dr. Arjun Lal Sainiआयकरअपीलसं./Ita No. 974/Rjt/2026 [ "नधा"रणवष"/Assessment Year: 2023-24 ] Radhika Jewellers, Ito Wd 2(3), Cit Appeal, Mg Road, Natwar Chowk, Vs. Ito Office, Porbandar, Near Manek Chowk, Porbandar, Gujarat-360575 Gujarat-360575. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aatfr5732M (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Anil Kothiya, Ld. Ar Respondent By : Shri Shishir Kumar, Ld. Sr. Dr Date Of Hearing : 27/07/2026 Date Of Pronouncement : 06/10/2026 :: Order :: Per, Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2023-24, Is Directed Against The Order Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 03.06.2026, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 144, R.W.S. 144B Of The Act Dated 23.01.2025. 2. At The Outset Itself, The Ld. Counsel For The Assessee Assailed The Impugned Order By Contending That The Assessee Could Not Represent His Case Before Ld. Cit(A) & The Order Being An Ex-Parte Order, Stood Vitiated On Account Of

For Appellant: Shri Anil Kothiya, Ld. ARFor Respondent: Shri Shishir Kumar, Ld. Sr. DR
Section 144Section 250

Radhika Jewellers, Porbandar vs. ITO WD 2(3), CIT Appeal, Porbandar

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

ITA 974/RJT/2026[2023-24]Status: DisposedITAT Rajkot06 Oct 2026AY 2023-24

Bench: Dr. Arjun Lal Sainiआयकरअपीलसं./Ita No. 974/Rjt/2026 [ "नधा"रणवष"/Assessment Year: 2023-24 ] Radhika Jewellers, Ito Wd 2(3), Cit Appeal, Mg Road, Natwar Chowk, Vs. Ito Office, Porbandar, Near Manek Chowk, Porbandar, Gujarat-360575 Gujarat-360575. "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aatfr5732M (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Anil Kothiya, Ld. Ar Respondent By : Shri Shishir Kumar, Ld. Sr. Dr Date Of Hearing : 27/07/2026 Date Of Pronouncement : 06/10/2026 :: Order :: Per, Dr. Arjun Lal Saini, Am: Captioned Appeal Filed By The Assessee, Pertaining To Assessment Year (Ay) 2023-24, Is Directed Against The Order Under Section 250 Of The Income-Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Passed By The National Faceless Appeal Centre (Nac) Delhi/Commissioner Of Income-Tax (Appeals) [In Short ‘Nfac/Ld.Cit(A)’], Dated 03.06.2026, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer U/S 144, R.W.S. 144B Of The Act Dated 23.01.2025. 2. At The Outset Itself, The Ld. Counsel For The Assessee Assailed The Impugned Order By Contending That The Assessee Could Not Represent His Case Before Ld. Cit(A) & The Order Being An Ex-Parte Order, Stood Vitiated On Account Of

For Appellant: Shri Anil Kothiya, Ld. ARFor Respondent: Shri Shishir Kumar, Ld. Sr. DR
Section 144Section 250

G K Enterprises, Ropar, Punjab vs. ITO, Ward-2(2), Ropar, Punjab

In the result, the appeal is allowed for statistical purposes

ITA 479/CHANDI/2025[2017-18]Status: DisposedITAT Chandigarh06 Oct 2026AY 2017-18

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Rajesh Damodarlal Sharma, Jm आयकरअपीलसं./ Ita No.479/Chandi/2025 (िनधा"रणवष" / Assessment Year: 2017-18) G. K. Enterprises Ito Ward – 2(2) बनाम/ Vs. Booth No.9, Grain Market Ropar, Punjab – 140001 Morinda, Ropar, Punjab – 140101 "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aaofg-4631-P (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Sh. Parikshit Aggarwal (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Smt. Jaishree Sharma (Cit) - Ld. Dr (Virtual) सुनवाईकीतारीख/Date Of Hearing : 28-09-2026 घोषणाकीतारीख /Date Of Pronouncement 06-10-2026 : आदेश / O R D E R Rajesh Damodarlal Sharma () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2017-18 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac [Cit(A)] Dated 29-12-2023 In The Matter Of An Assessment As Framed By Ld. Ao On Best Judgment Basis U/S 147 R.W.S 144 On 24-03-2022 Making Addition Of Cash Deposit For Rs.451.17 Lacs. The Ld. Cit(A) Dismissed The Appeal Of The Assessee For Want Of Condonation Of Delay Of More Than 1.5 Years. Aggrieved, The Assessee

For Appellant: Sh. Parikshit Aggarwal (CA) – Ld. ARFor Respondent: Smt. Jaishree Sharma (CIT) - Ld. DR
Section 147

Delight Hydraulic Industries, Rajkot vs. ITO WD 3(1)(1), RKT/, Rajkot

In the result, appeals filed by the assessee, in ITA No

ITA 316/RJT/2025[2015-16]Status: DisposedITAT Rajkot05 Oct 2026AY 2015-16

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकर अपील सं./Ita No. 314, 315 & 316/Rjt/2026 [ "नधा"रणवष"/Assessment Year: 2013-14, 2014-15 & 2015-16 ] Delight Hydraulic Industries, Ito Wd 3(1)(1), Rkt, 150 Feet Ring Road Opp. Punit It-Office, New Aayakar Vs. Nagar Water Tank, Survey No. 43 Bhawan, Vatiaka, Rajkot, Vavdi, Rajkot, Gujarat-360004 Rajkot, Gujarat-360001 "थायी लेखा सं./जी आइ आर सं./Pan/Gir No.: Aaffd1042G (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Fenil H. Mehta, Ld. Ar Respondent By : Shri Sanjay Kumar, Ld. Cit(Dr) & Ganesh Iyer, Ld. Sr. Dr Date Of Hearing : 08/07/2026 05/10/2026 Date Of Pronouncement : Order Per, Dr. Arjun Lal Saini, Am: Captioned Three Appeals Filed By The Same Assessee, Pertaining To Assessment Year (Ay) 2013-14, 2014-15 & 2015-16, Are Directed Against The Separate Orders Passed By The Commissioner Of Income-Tax (Appeals), Which In Turn Arise Out Of Separate Assessment Order Passed By The Assessing Officer U/S 147 R.W.S.144 Of The Act. 2. Since, The Issues Involved In All The Appeals Are Common & Identical; Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. For The Sake Of Convenience, The Grounds As Well As The Facts Narrated In Ita No.315/Rjt/2025, For Assessment Year 2014-15, Have Been Taken Into Consideration For Deciding The Above Appeals En Masse.

For Appellant: Shri Fenil H. Mehta, Ld. ARFor Respondent: Shri Sanjay Kumar, Ld. CIT(DR) and Ganesh Iyer, Ld. Sr. DR
Section 139(4)Section 142(1)Section 143(2)Section 147Section 148Section 153CSection 69A

Delight Hydraulic Industries, Rajkot vs. ITO WD 3(1)(1), RKT/, Rajkot

In the result, appeals filed by the assessee, in ITA No

ITA 315/RJT/2025[2014-15]Status: DisposedITAT Rajkot05 Oct 2026AY 2014-15

Bench: Dr. Arjun Lal Saini & Shri Sonjoy Sarmaआयकर अपील सं./Ita No. 314, 315 & 316/Rjt/2026 [ "नधा"रणवष"/Assessment Year: 2013-14, 2014-15 & 2015-16 ] Delight Hydraulic Industries, Ito Wd 3(1)(1), Rkt, 150 Feet Ring Road Opp. Punit It-Office, New Aayakar Vs. Nagar Water Tank, Survey No. 43 Bhawan, Vatiaka, Rajkot, Vavdi, Rajkot, Gujarat-360004 Rajkot, Gujarat-360001 "थायी लेखा सं./जी आइ आर सं./Pan/Gir No.: Aaffd1042G (अपीलाथ"/Appellant) (""यथ"/Respondent) Appellant By : Shri Fenil H. Mehta, Ld. Ar Respondent By : Shri Sanjay Kumar, Ld. Cit(Dr) & Ganesh Iyer, Ld. Sr. Dr Date Of Hearing : 08/07/2026 05/10/2026 Date Of Pronouncement : Order Per, Dr. Arjun Lal Saini, Am: Captioned Three Appeals Filed By The Same Assessee, Pertaining To Assessment Year (Ay) 2013-14, 2014-15 & 2015-16, Are Directed Against The Separate Orders Passed By The Commissioner Of Income-Tax (Appeals), Which In Turn Arise Out Of Separate Assessment Order Passed By The Assessing Officer U/S 147 R.W.S.144 Of The Act. 2. Since, The Issues Involved In All The Appeals Are Common & Identical; Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. For The Sake Of Convenience, The Grounds As Well As The Facts Narrated In Ita No.315/Rjt/2025, For Assessment Year 2014-15, Have Been Taken Into Consideration For Deciding The Above Appeals En Masse.

For Appellant: Shri Fenil H. Mehta, Ld. ARFor Respondent: Shri Sanjay Kumar, Ld. CIT(DR) and Ganesh Iyer, Ld. Sr. DR
Section 139(4)Section 142(1)Section 143(2)Section 147Section 148Section 153CSection 69A