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

Ram Kishor Soni, Ahmedabad vs. National Faceless Assessment Centre, Delhi Present AO: the ITO, Ward-4(2)(1), Ahmedabad

The appeals of the assessee are allowed for statistical purposes

ITA 1282/AHD/2024[2014-15]Status: DisposedITAT Ahmedabad11 Mar 2025AY 2014-15

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita Nos.1281&1282/Ahd/2024 निर्धारण वर्ष / Assessment Years: 2013-14 & 2014-15 Ram Kishor Soni, 626, Sector No.3, Chankyapuri, Ghatlodiya, Ahmedabad-380061 स्थायी लेखा सं./Pan: Blips8712B बनाम/ V/S. National Faceless Assessment Centre, Delhi Present A.O.: Income Tax Officer, Ward-4(2)(1), Ahmedabad अपीलार्थी/ (Appellant) प्रत्यर्थी / (Respondent) Assessee By: Shri P. F. Jain, Ar Revenue By: Shri Rignesh Das, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 10/03/2025 घोषणा की तारीख / Date Of Pronouncement: 11/03/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: Both These Appeals Filed By The Assessee Pertain To Assessment Years 2013-14 & 2014-15 Against The Respective Orders Of Commissioner Of Appeal, National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As "Cit(A)"], Confirming The Additions Made By The Assessing Officer [Hereinafter Referred To As "Ao"] Under Section 69A Of The Income-Tax Act, 1961[Hereinafter Referred To As "The Act"], On Account Of Unexplained Cash Deposits In The Assessee'S Bank Accounts. Since The Issues Involved In Both The Appeals Are Identical, They Are Disposed Of By This Consolidated Order.

For Appellant: Shri P. F. Jain, ARFor Respondent: Shri Rignesh Das, Sr. DR
Section 115BSection 132Section 142(1)Section 144Section 147Section 148Section 154Section 234ASection 69A

Indumati Hp Gas Gramin Vitrak, Kolhapur vs. ITO Ward 1(1), Kolhapur

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

ITA 1362/PUN/2024[2018-19]Status: DisposedITAT Pune11 Mar 2025AY 2018-19

Bench: Shri R. K. Panda & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.1362/Pun/2024 िनधा"रण वष" / Assessment Year : 2018-19 Indumati Hp Gas Gramin Vs. Ito, Ward-1(1), Vitrak, Kolhapur. A/P Kasaba Beed, Tal. Karveer, Dist. Kolhapur- 416011. Pan : Aaffi4054H Appellant Respondent Assessee By Shri Nikhil S. Pathak & : Shri Mayuresh Doshi Revenue By : Shri Ramnath P. Murkunde Date Of Hearing : 23.12.2024 Date Of Pronouncement : 11.03.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 24.04.2024 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2018-19. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “1. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Is Not Justified In Confirming The Addition Of Rs. 3,02,29,400/- U/S 69A Of The Act When The Assessee Has Explained The Sources Of The Amount Deposited. 2. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit (A) Is Not Justified In Confirming The Addition Of Rs. 3,02,29,400/- As Entire Amount Deposited In Bank Without Considering The Withdrawals From The Bank Account.

For Respondent: Shri Ramnath P. Murkunde
Section 115BSection 147Section 148Section 44ASection 69A

Roomle Das, Kolkata vs. I.T.O., Ward - 50(4), Kolkata

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

ITA 1654/KOL/2024[2017-2018]Status: DisposedITAT Kolkata11 Mar 2025AY 2017-2018

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyi.T.A. No.1654/Kol/2024 Assessment Year: 2017-18 Roomle Das……………………....…………...………......................……….……Appellant 4, East Belgharia 1St Lane, Belgharia, Kolkata – 700083. [Pan: Bfzpd1491R] Vs. Ito, Ward-50(4), Kolkata..............…..….…..….........……........……...…..…..Respondent Appearances By: Shri P. J. Bhide, Ar, Appeared On Behalf Of The Appellant. Shri Arup Chatterjee, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : March 10, 2025 Date Of Pronouncing The Order : March 11, 2025 Order Per Rajesh Kumar: The Present Appeal Filed By The Assessee For The Assessment Year 2017-18 Against The Order Dated 18.06.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Outset, The Ld. Counsel For The Assessee Submitted That The Case Of The Assessee Could Not Be Represented Before The Assessing Officer Due To Certain Reasons Which Were Beyond The Control Of The Assessee & Therefore, The Assessment Was Framed By The Assessing Officer U/S 144 Vide Order Dated 24.12.2019. The Ld. Counsel Further Submitted That Even The Penalty Was Imposed By The Assessing Officer Of Rs.10,000/- U/S 272A(1)(D) Of The Act Vide Order Dated 30.12.2021 Which Was Deleted By The Tribunal On The Ground That There Was Sufficient Cause For Non- Compliance To The Said Notice As The Reasons Were Beyond The Control Of The Assessee. The Ld. Ar Further Submitted That Before The Ld. Cit(A), The

Section 142(1)Section 144Section 250Section 271A(1)(d)Section 272A(1)(d)