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

M/S. Rastriya Computer Saksharata Samithi, Puttur vs. The Assistant Commissioner of Income-Tax, (Exemptions) Circle-1, Mangaluru

In the result, the appeal filed by the assessee stands partly allowed for statistical purposes

ITA 452/BANG/2023[2010-11]Status: DisposedITAT Bangalore01 Dec 2023AY 2010-11

Bench: Shri Chandra Poojari & Smt. Beena Pillaiassessment Year : 2010-11 M/S. Rashtriya Computer Saksharatha Samithi Trust, The Assistant Pn Iv 491 Of Shairmail Bu Commissioner Of Puttur, Income Tax Near Bus Stand Puttur, (Exemption), Dakshina Kannada – 574 201. Circle – 1, Vs. Karnataka Mangaluru. Pan: Aaatr9338J Appellant Respondent Assessee By : Shri Sreeharikutsa, Advocate : Shri Subramanian .S, Jcit Revenue By Dr Date Of Hearing : 30-11-2023 Date Of Pronouncement : 01-12-2023 Order Per Beena Pillaipresent Appeal Filed By The Assessee Arises Out Of Order Dated 07.10.2022 Passed By Nfac, Delhi For A.Y. 2010-11. 2. At The Outset, The Ld.Ar Submitted That There Is A Delay Of 190 Days In Filing The Present Appeal Before This Tribunal. The Ld.Ar Relied On The Application For Condonation Of Delay Filed By The Assessee Dated 09.06.2023 Along With Affidavit. It Is The Submission Of The Ld.Ar That The Ld.Cit(A) Had Sought For Page 2 Of 5 Remand Report In Respect Of The Submissions Made By The Assessee By Directing The Ld.Ao To Verify The Books Of Accounts For Determination Of Income In The Hands Of The Assessee. The Ld.Cit(A) Remanded The Issue Back To The Ld.Ao In The Absence Of The Response From The Assessing Officer. At That Juncture, The Assessee Was Advised To Wait For The Oge To Be Passed By The Ld.Cit(A). However, It Is Submitted That The Ld.Ao In The Oge Taxed The Net Surplus.

For Appellant: Shri SreehariKutsa, Advocate
Section 144Section 250Section 51