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

Prayas Kanti Samal, Bhubaneswar vs. Income Tax Officer, Ward-2(3), Bhubaneswar

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

ITA 368/CTK/2024[2014-15]Status: DisposedITAT Cuttack24 Sept 2024AY 2014-15

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अपील संसंसंसं/Ita No.368/Ctk/2024 (िनधा"रण िनधा"रण िनधा"रण वष" िनधा"रण वष" वष" / Assessment Year : 2014-2015) वष" Prayas Kanti Samal, Vs Ito, Ward-2(3), Bhubaneswar A/60, Palaspalli, Aerodrome Area, Bhubaneswar-751020 Pan No. :Aplps 4363 L (अपीलाथ" अपीलाथ" अपीलाथ" /Appellant) अपीलाथ" (""यथ" ""यथ" ""यथ" / Respondent) ""यथ" .. िनधा"रती िनधा"रती क" िनधा"रती िनधा"रती क" क" ओर क" ओर ओर सेसेसेसे /Assessee By ओर : Shri S.K.Hota, Advocate राज"व रा ज"व क" क" ओर ओर सेसेसेसे /Revenue By रारा ज"व ज"व क" क" ओर ओर : Shri S.C.Mohanty, Sr.Dr सुनवाई क" तारीख / Date Of Hearing : 24/09/2024 घोषणा क" तारीख/Date Of Pronouncement : 24/09/2024 आदेश आदेश / O R D E R आदेश आदेश Per Bench : This Is An Appeal Filed By The Assessee Against The Order Dated 12.07.2024, Passed By The Cit(A), National Faceless Appeal Centre (Nfac), Delhi In Din & Order No.Itba/Nfac/S/250/2024- 25/1066656218(1) For The Assessment Year 2014-2015. 2. It Was The Submission Of The Ld. Ar That The Assessment In This Case Has Been Framed U/S.144 Of The Act. It Was The Submission That The Assessee Has Never Received The Copy Of The Assessment Order Passed By The Ao, However, Subsequently The Assessee Received A Letter Regarding Payment Of Huge Outstanding Of Tax Demand. Thereafter The Assessee Approached The Ao & Obtained The Certified Copy Of The Assessment Order. After Receiving The Certified Copy, The Assessee Preferred Appeal Before The Ld. Cit(A), However, The Ld. Cit(A) Dismissed The Appeal Of The Assessee On The Ground Of Delay. It Was Also The Submission Of The Ld. Ar That There Was No Delay In Filing Of Appeal As The 2 Assessment Order Was Initially Never Served Upon The Assessee & Only

Section 144

Samrat Kumar Ghosh, Darjeeling vs. I.T.O., Ward - 2(3), Kolkata

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

ITA 1495/KOL/2024[2017-2018]Status: DisposedITAT Kolkata24 Sept 2024AY 2017-2018

Bench: Shri Sanjay Garg & Shri Sanjay Awasthii.T.A. No.1495/Kol/2024 Assessment Year: 2017-18 Samrat Kumar Ghosh……..…….…....…………….......…....………....Appellant Tumbe Jote, Matigara, Rabin Sen Colony, Darjeeling, W.B – 734010. [Pan: Aqepg2359J] Vs. Ito, Ward-2(3), Siliguri.......................................................…..…..... Respondent Appearances By: None Appeared On Behalf Of The Appellant. Shri P. P. Barman, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : September 24, 2024 Date Of Pronouncing The Order : September 24, 2024 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 18.03.2023 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. The Assessee In This Appeal Is Aggrieved By The Action Of The Lower Authorities In Making Addition Of Rs.55,53,171/- On Account Of Unexplained Cash Credits. 3. The Assessing Officer Found That There Were Cash Credits In The Bank Account Of The Assessee. However, The Assessee Could Not Give Satisfactory Explanation Regarding The Source Of The Said Cash Credits. Even The Assessee Did Not Reply To The Various Notices Issued By The Assessing Officer. The Assessing Officer, Therefore, Made The Impugned

Section 144Section 250