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

Atul Realty Private Limited, Vashi Navi Mumbai vs. DCIT - Circle 15(1)(1), Mumbai, Aayakar Bhavan

In the result, the grounds of appeal raised by the assessee are allowed for statistical purpose

ITA 847/MUM/2026[2012-2013]Status: DisposedITAT Mumbai06 Aug 2026AY 2012-2013

Bench: Shri Pawan Singh & Shri Girish Agrawal(Physical Hearing) Atul Realty Private Limited Dcit, Circle – 15(1)(1), Mumbai 203 Rajkar Bhavan, Sector 17, Vs M.K. Road, Mumbai – 400020. Vashi Navi Mumbai, Maharashtra – 400703. [Pan: Aaaca9880B] Appellant / Assessee Respondent / Revenue Assessee By Shri Piyush Chhajed, Ca & Shri Ayush Chhajed, Ca Revenue By Shri Surendra Mohan,Sr. Dr. Date Of Hearing 11.05.2026 Date Of Pronouncement 06.08.2026 Order Under Section 254(1) Of Income Tax Act Per Pawan Singh; 1. This Appeal By Assessee Is Directed Against The Order Of Ld. Cit(A)/ Nfacdated 26.11.2025 For Assessment Year (Ay) 2012-13. The Assessee Has Raised Following Grounds Of Appeal: “1. On The Facts & Circumstances Of The Case, The Learned Commissioner Of Income Tax (Appeals) Erred In Finalizing The Reassessment Proceedings, Without Appreciating That Notice U/S 148 Was Not Served As Per Provisions Of The Income Tax Act, 1961. 2. On The Facts & In The Circumstances Of The Case, The Learned Cit(A) Erred In Upholding The Issuance Of Notice U/S 148 Dated 25.03.2019 Without Furnishing A Copy Of The Reasons Recorded Within The Statutory Period Of Six Years From The End Of The Relevant Assessment Year, Thereby Rendering The Reassessment Proceedings & The Assessment Order Bad In Law. Atul Realty Private Limited

Section 144Section 147Section 148Section 254(1)Section 69A

Rakesh Balkrishna More, Thane vs. Income Tax Officer, Kalyan

In the result, the grounds of appeal allowed for statistical purpose

ITA 5534/MUM/2026[2019-20]Status: DisposedITAT Mumbai06 Aug 2026AY 2019-20

Bench: Shri Pawan Singh & Shri Jagadish(Physicalhearing) Rakesh Balkrishna More Income Tax Officer, Kalyan 2Nd Floor, Opp. Laxmi Market, Near Vs 2Nd Floor, Rani Mansion, Murbad Jarimari Temple, Kalyan-Dombivali, Road, Kalyan, Kalyan-Dombivali, Maharashtra – 421301. Maharashtra – 421301. [Pan: Aikpm5900F] Appellant / Assessee Respondent / Revenue Assessee By Shri Prashant Ramesh Shinkar, Advocate Revenue By Ms. Jayshree Thakur, Sr. Dr Date Of Hearing 06.08.2026 Date Of Pronouncement 06.08.2026 Order Under Section 254(1) Of Income Tax Act Per Pawan Singh; 1. This Appeal By Assessee Is Directed Against The Order Of Ld. Cit(A)/Nfacdated 10.03.2026 For Assessment Year (Ay) 2019-20. The Assessee Has Raised Following Grounds Of Appeal: “1. On The Facts & In Circumstances Of The Case & In The Law, The Order Under Section 250 Of The I.T. Act, 1961, Passed By Hon'Ble Commissioner Of Income-Tax (Appeals) Is Invalid & Bad In Law. 2. On The Facts & In Circumstances Of The Case & In Law, Hon'Ble Commissioner Of Income-Tax (Appeals) Erred In Dismissing An Appeal By Finding No Infirmity In The Assessment Order & Dismissing All The Grounds Of Appeal Raised By The Appellant. 3. On The Facts & In Circumstances Of The Case & In Law, The Learned Assessing Officer Erred In Making An Addition Of Rs.1,95,935/-To The Declared Total Income, Being Disallowance Of Expense U/S 40A(3) Of The Income-Tax Act 1961, Although An Appellant Has Valid Explanation For Not Taxing The Same. 4. On The Facts & In Circumstances Of The Case & In Law, The Learned Assessing Officer Erred In Relying On The Information Disseminated During The Rakesh Balkrishna More

Section 133ASection 144Section 234ASection 250Section 254(1)Section 270ASection 272A(1)(d)Section 40A(3)

Ashok Tiwari, Khatima vs. Income Tax Officer, Khatima

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

ITA 143/DDN/2026[2015-2016]Status: DisposedITAT Dehradun05 Aug 2026AY 2015-2016

Bench: Shri Satbeer Singh Godara & Shri Manish Agarwal[Through Virtual Mode] [Assessment Year : 2015-16] Ashok Tiwari Vs Ito Vill-Purnapur, Gandhi Khatima, Nagar, Khatima, Udham Udham Singh Nagar, Singh Nagar, Uttarakhand Uttarakhand-262308 Pan-Anopt4930H Appellant Respondent Assessee By Shri Amit Mishra, Adv. Revenue By Shri Amar Pal Singh, Jcit Dr Date Of Hearing 26.05.2026 Date Of Pronouncement 05.08.2026 Order Per Manish Agarwal, Am : The Present Appeal Is Filed By The Assessee Against The Order Dated 26.03.2025 By Ld. Commissioner Of Income Tax (A), National Faceless Appeal Centre (“Nfac”), Delhi [“Ld.Cit(A)”] In Appeal No. Nfac/2014-15/10270918 Passed U/S 250 Of The Income Tax Act, 1961 [“The Act”] Arising From The Assessment Order Dated 16.03.2023 Passed U/S 147 R.W.S. 144 R.W.S. 144B Of The Act Pertaining To Assessment Year 2015-16. 2. At The Outset, It Is Seen That The Appeal Of The Assessee Is Dismissed By The Ld. Cit(A) For Non-Prosecution. It Is Further Observed That That Various Notices Were Issued To The Assessee From Time To Time However, Compliance Was Made Either Before The Ao Or Before The Cit(A) To Justify His Claims. Before Us, The Ld. Ar For The Assessee Prayed That If One More Opportunity Is Provided, Assesse Will Submit All The Details & Submission Before The Ao. He Thus Prayed That The Matter Be Sent Back To The File Of The Ao For Fresh Adjudication.

Section 147Section 250