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

Dhirendra Nath Das, Durgapur vs. ITO, Ward-1(3), Durgapur

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

ITA 491/KOL/2024[2015-16]Status: DisposedITAT Kolkata02 Aug 2024AY 2015-16

Bench: Shri Sanjay Garg & Rajesh Kumari.T.A No.491/Kol/2024 Assessment Year: 2015-16 Dhirendra Nath Das.…....………………………… ........................……Appellant C/O Jain Vinod & Associates, 41A, Ajc Bose Road, Suite No.613, 6Th Floor, Kol-700017. [Pan: Adgpd9102P] Vs. Ito, Ward-1(3), Durgapur.................…................…........……...…..…..Respondent Appearances By: Shri V. K. Jain, Ar, 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 : July 25, 2024 Date Of Pronouncing The Order : August 02, 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 22.01.2024 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. The Assessee In This Appeal Has Taken The Following Grounds Of Appeal: “1. The Ld. Cit(A) Erred In Law As Well As On Fact In Dismissing The Appeal When He Ought To Consider That Jurisdictional Assessing Officer Has Wrongly Assumed The Jurisdiction U/S 147 Of The Act Hence The Assessment Order Passed There On Is Null & Void Ab-Initio. 2. The Ld. Cit(A) Nfac Erred In Law As Well As On Fact To Upheld The Assessment Order Of The Jao Treating Agreement Of Development As

Section 147Section 2(47)Section 250

Income Tax Officer, Ward-1(1), Cuttack, Aaykar Bhawan, Shelter Square, Tulasipur vs. Emerald Mining Private Limited, Buxibazar, Mastan Road

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

ITA 251/CTK/2024[2015-16]Status: DisposedITAT Cuttack01 Aug 2024AY 2015-16

Bench: Shri George Mathan & Shri Manish Agarwalआयकर अऩीऱ सं/Ita No.251/Ctk/2024 (ननधाारण वषा / Assessment Year : 2015-2016) Income Tax Officer, Ward-1(1) Vs Emerlad Mining Private Limited Cuttack Mastan Road, Buxi Bazar, Cuttack-753001 Pan No. :Aabce4225 H (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. राजस्व की ओर से /Revenue By : Shri Sanjay Kumar, Cit-Dr ननधााररती की ओर से /Assessee By : Shri K.K.Bal, Advocate सुनवाई की तारीख / Date Of Hearing : 01/08/2024 घोषणा की तारीख/Date Of Pronouncement : 01/08/2024 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Revenue Against The Order Dated 26.03.2024, Passed By The Cit(A), National Faceless Centre (Nfac), Delhi, Passed In I.T.Appeal No.Itba/Nfac/S/250/2023- 24/1063370884(1), For The Assessment Year 2015-2016. 2. Shri Sanjay Kumar, Cit-Dr Appeared On Behalf Of The Revenue & Shri K.K.Bal, Advocate Appeared On Behalf Of The Assessee. 3. In This Case, The Ld. Cit(A) Has Allowed The Appeal Of The Assessee By Observing In Para 5 As Under :- 5. Observation & Decision: In Ground Nos. 1 & 2, The Appellant Has Contested The Older U/S 144 Of The It Act, 1961 Dated 30.12.2017 For The Ay. 2015-16 Of The Ao By Ho!Ding That The Notice U/S 143(2) Is Barred By Limitation. Both These Grounds Are Taken Up Together For The Sake Of Convenience. I Have Carefully Considered The Submissions Made By The Appellant. It Is Observed That The Appellant Had Filed Its Roi For A.Y, 2015-16 On 25.11.2015 Disclosing. Total Income Of Rs. 10,99,580/-. The Ao

For Appellant: Shri K.K.Bal, AdvocateFor Respondent: Shri Sanjay Kumar, CIT-DR
Section 143(2)Section 144