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

Shipra Sristhi Apartment Owners Association, Ghaziabad vs. Assessment Unit, Ghaziabad

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

ITA 3215/DEL/2026[2023-24]Status: DisposedITAT Delhi14 Aug 2026AY 2023-24

Bench: Shri Anubhav Sharma & Shri Manish Agarwalshipra Srishti Apartment Owners Assessment Unit Association, Ward-2(2)(3), Shipra Srishti, Plot No.15, Vs. Ghaziabad. Ahinsa Khand-1, Indirapuram, Ghaziabad Uttar Pradesh-201014. Pan-Abdas8372C (Appellant) (Respondent) Assessee By Shri Nitin Kumar Goel, Ca Department By Ms. Beenu, Sr. Dr 29/07/2026 Date Of Hearing Date Of Pronouncement 29/07/2026 O R D E R Per Manish Agarwal, Am: This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre, New Delhi [Cit(A) In Short] In Appeal No. Nfac/2022-23/10490028 Dated 18.02.2026 Passed U/S 250 Of The Income Tax Act, 1961 (The Act, In Short) Arising Out Of The Assessment Order Dated 28.02.2025 Passed U/S 144 R.W.S 14B Of The Act For Assessment Year 2023- 24. 2. From The Perusal Of The Impugned Order Of Ld. Cit(A) It Is Observed That The Ld. Cit(A) Has Provided Several Opportunities But The Appellant Did Not File Any Effective Written Submission Or Documentary Evidence Supporting The Grounds Of Appeal On Merits. Therefore, The Ld. Cit(A) Has Dismissed The Appeal For Non- Prosecution However Ld. Cit(A) Further Proceeded To Dispose-Off The Appeal Filed By The Assessee By Confirming The Additions Made By The Ao In The Assessment Order. Even The Assessment Order U/S.144 Has Been Passed Ex-Parte Due To Non- Compliance By The Assessee Before The Assessing Officer. It Is True That The Assessee Also Did Not Comply To Any Of The Notice Issued By The Ld. Ao & Ld. Cit(A) & Did Not File The Requisite Details/Documents To Support Its Claim.

Section 144Section 250

Suman Devi Sharma, Nathdwara vs. ITO -2, Rajsamand

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

ITA 482/JODH/2025[2011-12]Status: DisposedITAT Jodhpur13 Aug 2026AY 2011-12

Bench: Shri Amit Shukla, Hon’Ble & Shri Girish Agrawal, Hon’Blesuman Devi Sharma Ito – 2 B 201 3Rd Floor Ashirwad Rajsamand Complex Near Bus Stand, Nathdwara-313301 Pan No. Aotps 7669 J Assessee By Harsha Thelasaria, Ca (Virtual) Revenue By Prerna Choudhary, Addl. Cit-Dr (Physical) Date Of Hearing 12 / 08 / 2026. Date Of Pronouncement 13 / 08 / 2026. Order Per Bench: The Aforesaid Appeal Has Been Filed By The Assessee Against The Impugned Order Dated 22.03.2024 Passed By The Learned Cit(A), Nfac, Delhi, In Relation To The Assessment Order Passed Under Section 147 Read With Section 144 Of The Income-Tax Act, 1961 For The Assessment Year 2011-12. 2. At The Outset, It Is Noticed That The Appeal Is Barred By Limitation By 356 Days. The Assessee Has Filed A Detailed Petition For Condonation Of Delay Explaining That She Was Earlier Residing At Mumbai & Subsequently Shifted To 2 Asst. Year: 2011-12 Nathdwara, Rajasthan, Consequent To Which Her Assessment Jurisdiction Was Also Transferred From Mumbai To Rajsamand. After Shifting, She Was Not In Regular Contact With Her Erstwhile Chartered Accountant At Mumbai & Was Also Not Regularly Accessing The Income-Tax Portal. It Has Further Been Stated That During The First Appellate Proceedings She Had Furnished Additional Evidences & Was Under A Bona Fide Impression That The Same Would Be Forwarded To The Assessing Officer For A Remand Report & Thereafter Her Appeal Would Be Decided. It Was Only When She Was Contacted By The Jurisdictional Assessing Officer In Connection With The Outstanding Demand That She Came To Know That Her Appeal Had Already Been Dismissed By The Learned Cit(A) Vide Order Dated 22.03.2024, Whereupon She Filed The Present Appeal.

Section 10(38)Section 144Section 147