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

Muzaffarpur Division Life Ins Corp Employees Co. Credit Society Limited, Muzaffarpur vs. ACIT Cirle 1(1), Muzaffarpur

The appeals of the assessee are allowed for statistical purposes

ITA 295/PAT/2024[2015-16]Status: DisposedITAT Patna17 Dec 2024AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. Nos.294&295/Pat/2024 Assessment Years: 2011-12 & 2015-16 Muzaffarpur Division Life Ins Corp Employees Coop Credit Society Ltd……Appellant Umashankar Prasad Marg, Ramna, Muzaffarpur, Bihar – 842002. [Pan: Aacam1402D] Vs. Dcit/Acit, Circle-1(1), Muzaffarpur...….…..….........……........……...…..…..Respondent Appearances By: Shri Sanjeev Anwar, Ar, Appeared On Behalf Of The Appellant. Shri Ashwani Kumar, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 16, 2024 Date Of Pronouncing The Order : December 17, 2024 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against Separate Orders Dated 22.12.2023 & 12.12.2023 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’) For Assessment Years 2011-12 & 2015-16 Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. 2. At The Outset, The Ld. Ar Submitted That There Is A Delay Of 14 Days & 24 Days In Filing The Instant Appeals Respectively. The Assessee-Society Has Filed Applications For Condonation Of Delay Citing Valid & Proper Reasons. After Considering The Averments Made In The Application, We Condone The Delay.

Section 144Section 147Section 148Section 250Section 80PSection 80P(2)(a)

Muzaffarpur Division Life Ins Corp Employees Coop Credit Sociuety Ltd, Muzaffarpur vs. DCIT/ACIT-1(1), Muzaffarpur

The appeals of the assessee are allowed for statistical purposes

ITA 294/PAT/2024[2011-12]Status: DisposedITAT Patna17 Dec 2024AY 2011-12

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. Nos.294&295/Pat/2024 Assessment Years: 2011-12 & 2015-16 Muzaffarpur Division Life Ins Corp Employees Coop Credit Society Ltd……Appellant Umashankar Prasad Marg, Ramna, Muzaffarpur, Bihar – 842002. [Pan: Aacam1402D] Vs. Dcit/Acit, Circle-1(1), Muzaffarpur...….…..….........……........……...…..…..Respondent Appearances By: Shri Sanjeev Anwar, Ar, Appeared On Behalf Of The Appellant. Shri Ashwani Kumar, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 16, 2024 Date Of Pronouncing The Order : December 17, 2024 Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against Separate Orders Dated 22.12.2023 & 12.12.2023 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’) For Assessment Years 2011-12 & 2015-16 Respectively. Since, The Issues Involved In Both The Appeals Are Common & Relate To The Same Assessee, Therefore, These Appeals Have Been Heard Together & Are Being Disposed Of By This Consolidated Order. 2. At The Outset, The Ld. Ar Submitted That There Is A Delay Of 14 Days & 24 Days In Filing The Instant Appeals Respectively. The Assessee-Society Has Filed Applications For Condonation Of Delay Citing Valid & Proper Reasons. After Considering The Averments Made In The Application, We Condone The Delay.

Section 144Section 147Section 148Section 250Section 80PSection 80P(2)(a)

Chote Lal Yadav, Siwan vs. ITO, Ward- 2 (3), Siwan

The appeal of the assessee is allowed for statistical purposes

ITA 293/PAT/2024[2017-18]Status: DisposedITAT Patna17 Dec 2024AY 2017-18

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.293/Pat/2024 Assessment Year: 2017-18 Chole Lal Yadav…..… ……….. …..…..……………………....Appellant Prop: Ritu Brahm Filling Station, Moglanipur, Asaon, Siwan, Bihar – 841226. [Pan: Abfpy7309A] Vs. Ito, Ward-2(3), Siwan……. ….…….…............................…..…..... Respondent Appearances By: Shri Sanjeev Kr. Anwar, Advocate Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 16, 2024 Date Of Pronouncing The Order : December 17, 2024 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 01.01.2024 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. At The Outset, The Ld. Ar Submitted That There Is A Delay Of 4 Days In Filing The Instant Appeal. The Assessee Has Submitted An Application For Condonation Of Delay Citing Valid & Proper Reasons. After Considering The Averments Made In The Application, We Condone The Delay. 3. Brief Facts Of The Case Are That The Assessee Run A Petrol Pump & Filed His Return Of Income On 29.11.2017 Declaring Total Income Of Rs.12,27,310/-. Therafter, The Case Was Selected For Scrutiny On Account Of Cash Deposits During Demonetization & Subsequently Notices U/S

Section 144Section 250Section 250(6)

Shyamendra Kumar, Patna vs. ITO Ward 6(5), Patna

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

ITA 332/PAT/2023[2011-12]Status: DisposedITAT Patna17 Dec 2024AY 2011-12

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.332/Pat/2023 Assessment Year: 2011-12 Shyamendra Kumar..… ……….. ……..……………………....Appellant Sahay Nagar, Jalalpur, Bailey Road, Patna-801506. [Pan: Akmpk4312R] Vs. Ito, Ward-6(5), Patna……. ….…….…............................…..…..... Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri Ashwani Kr. Singal, Jcit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 16, 2024 Date Of Pronouncing The Order : December 17, 2024 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 21.09.2023 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 Care Are That The Assessee Is An Individual Who Entered Into A Land Development Agreement With M/S Laliteshwar Builder, Patna In The Financial Year 2010-11 Relevant To Assessment Year 2011-12. However, The Assessee Failed To File Any Return Of Income For The Relevant Assessment Year, Consequently, A Notice U/S 148 Of The Act Was Issued On 28.03.2018 To Bring To Tax The Income Pertaining To Capital Gains Arising Out Of The Transactions Of The Land Development Agreement. Subsequently, A Notice U/S 143(2) Of The Act Was Issued, However, There Was No Compliance From The Assessee. Due To This Non-

Section 143(2)Section 144Section 148Section 250Section 250(6)

Gouri Singla, Siliguri vs. ITO, Ward-1(3), Siliguri

The appeal of the assessee is allowed for statistical purposes

ITA 488/KOL/2024[2013-14]Status: DisposedITAT Kolkata17 Dec 2024AY 2013-14

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishrai.T.A. No.488/Kol/2024 Assessment Year: 2013-14 Gouri Singla………….… ……….. ……..……………………....Appellant C/O Paramount Hospital Pvt. Ltd., Mangal Pandey Road, Khalpara, Siliguri- 734005. [Pan: Ajbps9966M] Vs. Ito, Ward-1(3), Siliguri…. ….…….…............................…..…..... Respondent Appearances By: Shri Siddharth Agarwal, Advocate, Appeared On Behalf Of The Appellant. Shri Somnath Das Biswas, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : December 16, 2024 Date Of Pronouncing The Order : December 17, 2024 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 15.02.2024 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 & Run A Proprietorship Business & Filed Return Of Income On 29.09.2013 For The Relevant Assessment Year Declaring Total Income Of Rs.7,67,610/. Thereafter, The Case Of The Assessee Was Reopened U/S 147 Of The Act As Per Information Received. Accordingly, Notices U/S 143(2) & 142(1) Of The Act Was Issued. In Response To The Notices, The Assessee Has Not Furnished The Requisite Details To The Assessing Officer. The Assessing Officer Noticed That The Assessee Had Taken Loan Of Rs.22,00,000/- From Various Lenders During The Assessment Year. He Also Noticed That The Assessee Had Also Cash Deposited Of Rs.5,69,000/- In Her Bank Account.

Section 143(2)Section 147Section 250Section 250(6)Section 68Section 69A