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

P. Ravikumar, Namakkal vs. ITO, Ward-1, Namakkal

ITA 2492/CHNY/2024[2011-12]Status: DisposedITAT Chennai31 Dec 2024AY 2011-12

Bench: Hon'Ble Shri Manoj Kumar Aggarwal & Hon'Ble Shri Manu Kumar Giriआयकर अपील सं./ Ita No.2492/Chny/2024 (निर्धारणवर्ष / Assessment Year: 2011-2012) P. Ravikumar, D.No.H2/4,Mullai Nagar, Namakkal 637 001. [Pan: Atwpr 0272Q] (अपीलार्थी/Appellant) Vs. The Income Tax Officer, Ward 1, Namakkal. (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By प्रत्यर्थी की ओर से / Respondent By Shri. T.S. Lakshmi Venkatraman, C.A., Ms. T.M. Suganthamala, Irs, Addl. Cit. सुनवाई की तारीख /Date Of Hearing : 12.12.2024 घोषणा की तारीख / Date Of Pronouncement : 31.12.2024 आदेश / Order Per Manu Kumar Giri () This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 08.08.2024 For Assessment Year 2011-12. 2. In This Appeal, The Assessee Has Raised Eight (8) Grounds Of Appeal. However, The Counsel For The Assessee Has Pressed A Ground Of Limitation Which Is As Under: "2. On The Facts & Circumstances Of The Case The Lower Authorities Are Not Justified In Not Accepting The Position That The Assessment Framed Is Barred By Limitation In Terms Of Section 153(2) Of The Income Tax Act, In As Much As For The Notice Issued U/S 148 Of The Act Dated 24.03.2018 The Assessment Should Have Been Completed On Or Before 31.12.2018 But The Assessment Was Completed By Order Dated 29.11.2019, Which Order Is Barred By Limitation'. 2

Section 142(1)Section 143(3)Section 144Section 148Section 153(2)

Annai Velankanni Educational Trust, Tirunelveli vs. ITO, Exemption Ward, Tirunelveli, Triunelveli

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

ITA 2185/CHNY/2024[2017-18]Status: DisposedITAT Chennai31 Dec 2024AY 2017-18

Bench: Shri S.S. Viswanethra Ravi & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.2185/Chny/2024 िनधा"रण वष"/Assessment Year: 2017-18 Annai Velankanni Educational Trust, Vs. Income Tax Officer, 262A, Thiruchendur Road, Exemptions Ward, Palayamkottai, Tirunelveli, Tirunelveli. Palayamkottai H.O. Tirunelveli 627 002. [Pan:Aaeta3416A] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Vasudevan, Advocate ""थ" की ओर से/Respondent By : Shri R. Raghupathy, Addl. Cit सुनवाई की तारीख/ Date Of Hearing : 19.12.2024 घोषणा की तारीख /Date Of Pronouncement : 31.12.2024 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 12.02.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2017-18. 2. We Find That This Appeal Is Filed With A Delay Of 129 Days. The Assessee Filed An Affidavit For Condonation Of Delay Explaining Reasons

For Appellant: Shri T. Vasudevan, AdvocateFor Respondent: Shri R. Raghupathy, Addl. CIT
Section 11Section 119(2)(b)Section 12ASection 142(1)Section 144

M/S. Bhiwandi Nzampur Nagarpalika Collage, Mumbai vs. ITO Ward 1(1), Kalyan

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

ITA 4242/MUM/2024[2018-19]Status: DisposedITAT Mumbai31 Dec 2024AY 2018-19

Bench: Shri. Om Prakash Kant, Am & Ms. Kavitha Rajagopal, Jm M/S. Bhiwandi Nizampur Assessing Officer, Ward 1(1), Nagarpalika College Mohan Plaza, Katak Pada, Kalyan, 1, Dhamankar Naka, Bhiwandi, Vs. Dist. Thane – 421301. Vidyashram, S. O. Thane – 421305. Pan/Gir No. Aaaab1757C (Assessee) : (Respondent) Assessee By : Shri. H. N. Motiwalla Respondent By : Mr. Tushar Mohite, Sr. Dr Date Of Hearing : 17.10.2024 Date Of Pronouncement : 31.12.2024 O R D E R Per Kavitha Rajagopal, J M: This Appeal Has Been Filed By The Assessee, Challenging The Order Of The Learned Commissioner Of Income Tax (Appeals), Delhi (‘Ld. Cit(A)’ For Short), National Faceless Appeal Centre (‘Nfac’ For Short) Passed U/S.250 Of The Income Tax Act, 1961 (‘The Act'), Pertaining To The Assessment Year (‘A.Y.’ For Short) 2018-19. 2. The Assessee Has Raised The Following Grounds Of Appeal: “1. On The Facts & In The Circumstances Of The Case, The Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi, Erred In Dismissing The Appeal Only On The Ground That The Appellant Has Not Made Payment Equal To Advance Tax Which Was Due On Its Income Without Appreciating The Fact That The Appellant Is A College Affiliated To University Of Mumbai Under The Management Of Padmashri Annasahib Jadhav Bhartiya Samaj Unnati Mandal (Trust) Bhiwandi Assessed Under Pan Aaatp2888P. 2. On The Facts & In The Circumstances Of The Case The Said Learned Commissioner Of Income Tax Has Also Erred In Not Considering The Ground That The Assessing Officer, Assessment Unit, Income Tax Department Has Erred In Estimating @ 8% On College Fee Receipt Of Rs. 1,63,75,639/- I.E. Rs. 13,10,051/- As Business Receipt Without Appreciating

For Appellant: Shri. H. N. MotiwallaFor Respondent: Mr. Tushar Mohite, Sr. DR
Section 147Section 148Section 249(4)(b)Section 250

Mr. Roshan A Kudalkar Through Legal Heir Mr. Swaroop R Kudalkar, Khed, Ratnagiri vs. ITO, Ward-3, Ratnagiri

In the result, appeal of the assessee is partly allowed

ITA 2276/PUN/2024[2015-16]Status: DisposedITAT Pune30 Dec 2024AY 2015-16

Bench: Ms.Astha Chandra & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.2276/Pun/2024 िनधा"रण वष" / Assessment Year: 2015-16 Mr.Roshan A Kudalkar V The Income Tax Officer, (Through Legal Heir S Ward-3, Ratnagiri. Mr.Swaroop R Kudalkar), Room No.10/7, Virangula, Behind Animal Hospital Khed, Ratnagiri – 415709. Pan: Agkpk3817B Appellant/ Assessee Respondent / Revenue Assessee By Shri Bhuvanesh Kankani – Ar Revenue By Smt. Shraddha Nichai – Addl.Cit(Dr) Date Of Hearing 11/12/2024 Date Of Pronouncement 30/12/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeals)[Nfac] For Assessment Year 2015-16 Dated 19.08.2024 Passed U/Sec.250 Of The Income Tax Act, 1961. The Assessee Has Raised The Following Grounds Of Appeal : “1. On Facts & Circumstances Prevalling In The Case & As Per Provisions & Scheme Of The Act It Be Held That Ld. Cit(A)-Nfac Erred In Dismissing The Appeal Without Intimating About His Intention To Dismiss Appeal For Delay Of 46 Days In Filing Form 35. Accordingly, The Order So Passed By Ld. Cit(A)-Nfac Be Kindly Quashed & Ld. Cit(A)-Nfac Be Kindly Directed To Condone The Delay & Allow The Appellant To File It Submission On Merits & Legality. Accordingly, Appellant Be Granted Just & Proper Relief In This Respect.

Section 243ASection 250