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

Arti Surana, Howrah vs. I.T.O., Ward - 47(1), Kolkata

The appeal of the assessee is allowed for statistical purposes

ITA 1405/KOL/2024[2018-2019]Status: DisposedITAT Kolkata27 Jan 2025AY 2018-2019

Bench: Shri Rajesh Kumar & Shri Sonjoy Sarmai.T.A. No.1405/Kol/2024 Assessment Year: 2018-19 Arti Surana………………………………..……………………….....Appellant Flat 5Cd, Block Iv, 5Th Floor, Vivek Vihar, Phase V, 493/C/A, G. T Road (South), Howrah-711101. [Pan: Akcpp7261L] Vs. Ito, Ward-47(1), Kolkata……….……….…............................…..…..... Respondent Appearances By: Shri Rajkumar Agarwal, Ar, Appeared On Behalf Of The Appellant. Shri Ashutosh Kumar, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : January 15, 2025 Date Of Pronouncing The Order : January 27, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 29.04.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Is An Individual & Filed Her Return Of Income For The Assessment Year 2018-19 By Declaring Total Income Of Rs.3,23,590/-. The Assessing Officer Found The Assessee Has Showed Income Under The Heads Of Short-Term Capital Gain & Other Sources. The Assessee Claimed Exemption Under The Head Of Short-Term Capital Gain From Transaction On Which Securities Transaction Tax Is Paid. However, During The Assessment Proceedings, The Department Received Information Which Indicated That The Assessee Had Traded In Shares Of Amm Ltd. & Eml Scrip Code (538653) To The

Section 133(6)Section 142(1)Section 144Section 147Section 148Section 250Section 250(6)Section 69Section 69A

Indira Gandhi College for Women Committee, Madurai vs. ITO, Exemption Ward, Madurai

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

ITA 2037/CHNY/2024[2015-16]Status: DisposedITAT Chennai27 Jan 2025AY 2015-16

Bench: Shri George George Kand Shri S.R. Raghunathaआयकर अपील सं./Ita No.: 2037/Chny/2024 िनधा"रण वष"/Assessment Year: 2015-16 M/S. Indira Gandhi College For The Income Tax Officer, Women Committee, Vs. Exemptions Ward, A-5, Pasumpon Street, Madurai. Tirunagar, Madurai – 625 006. Pan: Aaaai 0692K (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri S. Sridhar, Advocate ""यथ" क" ओर से/Respondent By : Shri Rohan Raj, Jcit सुनवाई क" तारीख/Date Of Hearing : 27.01.2025 घोषणा क" तारीख/Date Of Pronouncement : 27.01.2025 आदेश /O R D E R Per George George K: This Appeal At The Instance Of The Assessee Trust Is Directed Against Cit(A)/Nfac’S Order Dated 14.06.2024, Passed Under Section 250 Of The Income Tax Act, 1961 (Hereinafter Called ‘The Act’). The Relevant Assessment Year Is 2015-16. 2. At The Very Outset, We Notice That The Appeal Of The Assessee Has Been Dismissed Ex-Parte Qua Assessee. In Response To Four Hearing Notices Issued From The Office Of The First Appellate Authority, The Assessee Has Not Furnished Its Submissions Or Any Documentary Evidences. Consequently The Appeal Of The Assessee Was Dismissed Ex- Parte Qua Assessee.

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri Rohan Raj, JCIT
Section 144Section 250