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

Alfalah Educational & Welfare Society, Faizabad vs. Assessment Unit Itd, Delhi

In the result, the appeal is allowed for statistical purposes

ITA 144/ALLD/2024[2015-16]Status: DisposedITAT Allahabad27 Dec 2024AY 2015-16

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2015-16 Alfalah Educational & Welfare Vs. Assessment Unit, Income Tax Society Qusba Bhadarsa Department Bharatkund, Faizabad, U.P. Pan:Aadfi7669A (Appellant) (Respondent) Assessee By: Sh. Praveen Godbole, C.A. Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 22.10.2024 Date Of Pronouncement: 27.12.2024 O R D E R Per Nikhil Choudhary, A.M.: This Appeal Has Been Filed Against The Order Of The Ld. Cit(A), Nfac, Passed Under Section 250 Of The Income Tax Act, 1961 Dated 13.09.2014. The Grounds Of Appeal Preferred By The Assessee Are As Under:- “1. The 1. That In Any View Of The Matter Assessment Made On Income Of Rs.2,45,71,147/- U/S 147 R.W.S. 144 Of The Act Vide Order Dated 02.03.2023 Is Bad Both On The Facts & In Law. 2. That In Any View Of The Matter Appeal Decided Ex-Parte By Cit Appeal Nfac By Order Dated 13.09.2024 Without Providing Reasonable Opportunity To The Assessee Is Highly Unjustified. 3. That In Any View Of The Matter Proceedings As Initiated U/S 147 Of The Act Is An Illegal Proceedings & There Is No Concealment Of Income & Moreover There Was No Proper Satisfaction Was Recorded By The Department For Initiation Of Proceedings Hence Entire Proceedings Liable To Be Annulled.

For Appellant: Sh. Praveen Godbole, C.AFor Respondent: Sh. A.K. Singh, Sr. DR
Section 144Section 147Section 250Section 271(1)(c)Section 69

Sushil Kumar Mishra, Allahabad vs. Deputy Commissioner of Income Tax(Circle-1), Allahabad

In the result, the appeal is allowed for statistical purposes

ITA 128/ALLD/2024[2011-12]Status: DisposedITAT Allahabad27 Dec 2024AY 2011-12

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2011-12 Sushil Kumar Mishra, Vs. Deputy Commissioner Of F-6, Lowther Road George Town, Income Tax (Circle-1), Allahabad-211006 Allahabad Pan:Axvpm0472C (Appellant) (Respondent) Assessee By: None Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 22.10.2024 Date Of Pronouncement: 27.12.2024 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Against The Order Of The Ld. Cit(A), Nfac Passed Under Section 250 Of The Income Tax Act, 1961 Dated 27.06.2024. The Grounds Of Appeal Preferred Are As Under:- “1- That In Any View Of The Matter Order Passed U/S 147/144 Of The Act Dated 10.12.2018 By The Assessing Officer & Confirmed By Cit(A) By Passing Ex- Parte Decision Is Uncalled For & More So Addition Made Are Illegal. The Action U/S 147/148 Of The Act Is Totally Illegal. 2. That In Any View Of The Matter Both The Lower Authorities Decided The Matter Ex-Parte Without Considering The Fact & Without Providing Opportunity To The Assessee Hence The Order Of Two Lower Authorities Liable To Be Cancelled As Illegal In The Fact Of Circumstances Of The Case. 3. That In Any View Of The Matter Cit (Appeal) Is Highly Unjustified In Deciding The Appeal Ex-Parte Without Giving Reasonable Time, Without Service Of Notice & More So No Personal Hearing Was Allowed In This Background Addition As Confirmed By Cit Appeal Is Uncalled For. 1 A.Y. 2011-12 Sushil Kumar Mishra

For Appellant: NoneFor Respondent: Sh. A.K. Singh, Sr. DR
Section 142(1)Section 147Section 148Section 250Section 271(1)(b)

Vijay Singh, Allahabad vs. ITO- 1(5), Allahabad

In the result, the appeal is allowed for statistical purposes

ITA 113/ALLD/2024[2017-18]Status: DisposedITAT Allahabad27 Dec 2024AY 2017-18

Bench: Sh. Sudhanshu Srivastava & Sh. Nikhil Choudharya.Y. 2017-18 Vijay Singh, Vs. Income Tax Officer-1(5), 9R/1, Mln Road, Church Lane, Allahabad Allahabad, U.P. Pan:Azeps1524N (Appellant) (Respondent) Assessee By: Sh. Praveen Godbole, C.A. Revenue By: Sh. A.K. Singh, Sr. Dr Date Of Hearing: 22.10.2024 Date Of Pronouncement: 27.12.2024 O R D E R Per Nikhil Choudhary, A.M.: This Is An Appeal Against The Order Of The Ld. Addl Cit(A)-5, Mumbai Dated 14.05.2014, Wherein The Ld. Addl Cit(A), Has Dismissed The Appeal Filed By The Assessee. The Grounds Of Appeal Preferred Are As Under:- “1. That In Any View Of The Matter Assessment Framed U/S 144 Of The Act By Order Dated 13.11.2019 On Income Of Rs.6,45,000/- Is Bad Both On The Facts & In Law. 2. That In Any View Of The Matter Both The Two Lower Authorities Failed To Appreciate The Facts Regarding Cash Deposit In Bank Which Was From Definite Sources Without Providing Reasonable Opportunity To The Assessee Hence Entire Action Is Bad In Law. 3. That In Any View Of The Matter Addition Of Rs.6,45,000/- U/S 69A Of The Act Is Not Correct When The Cash Deposit In Bank Was From Definite Sources & Was The Explained Money But The Issue Was Not Consider Properly By The Assessing Officer As Well As By Cit Appeal Which Action Is Highly Unjustified.

For Appellant: Sh. Praveen Godbole, C.AFor Respondent: Sh. A.K. Singh, Sr. DR
Section 115BSection 142(1)Section 144Section 271ASection 44ASection 69A