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

Rotary Public School, Angul vs. ITO Ward Angul, Angul

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

ITA 286/CTK/2023[2017-18]Status: DisposedITAT Cuttack28 Nov 2023AY 2017-18

Bench: Shri George Mathan & Shri Girish Agrawalआयकर अऩीऱ सं/Ita No.286/Ctk/2023 (ननधाारण वषा / Assessment Year : 2017-2018) Rotary Public School Angul, Vs Ito, Ward Angul, Angul Vip Road Angul, Angul-759122 Pan No. :Aacar 1936 R (अऩीऱाथी /Appellant) .. (प्रत्यथी / Respondent) ननधााररती की ओर से /Assessee By : Shri P.R.Mohanty, Advocate राजस्व की ओर से /Revenue By : Shri Charan Dass, Sr. Dr सुनवाई की तारीख / Date Of Hearing : 28/11/2023 घोषणा की तारीख/Date Of Pronouncement : 28/11/2023 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Assessee Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 27.07.2023, Passed In Itba/Nfac/S/250/2023-24/1054672129(1), For The Assessment Year 2017-2018. 2. It Was Submitted By The Ld. Ar That The Assessee Had Filed Appeal Against The Order Of The Ao Before The Ld. Cit(A). It Was The Submission That The Assessee Had Not Received The Notice Of Hearing From The Ld. Cit(A). It Was The Prayer That The Assessee May Be Granted Another Opportunity To Represent Its Appeal Before The Ld. Cit(A). 3. In Reply, Ld. Dr Vehemently Supported The Order Of The Ld. Cit(A) & Submitted That The Ld. Cit(A) Has Adjudicated The Issue On Merits & There Was No Reason That Issues Could Be Restored To The File Of Ld. Cit(A)

For Appellant: Shri P.R.Mohanty, AdvocateFor Respondent: Shri Charan Dass, Sr. DR
Section 144

Income Tax Officer, Income Tax Department vs. Regulated Market Committee, Attabira

In the result, appeal of the revenue is dismissed

ITA 285/CTK/2023[2018-19]Status: DisposedITAT Cuttack28 Nov 2023AY 2018-19

Bench: Shri George Mathan & Shri Girish Agrawalआयकर अऩीऱ सं/Ita No.285/Ctk/2023 (ननधाारण वषा / Assessment Year : 2018-2019) Ito, Bargarh Vs Regulated Market Committee, Attabira, Attabira, Bargarh-768027 Pan No. :Aacar 4813 R (अऩीऱाथी /Appellant) (प्रत्यथी / Respondent) .. ननधााररती की ओर से /Assessee By : Shri Sudam Panigrahi, Accountant Of Assessee-Committee राजस्व की ओर से /Revenue By : Shri Abani Kanta Nayak, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 28/11/2023 घोषणा की तारीख/Date Of Pronouncement : 28/11/2023 आदेश / O R D E R Per Bench : This Is An Appeal Filed By The Revenue Against The Order Of The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 28.07.2023, Passed In Itba/Nfac/S/250/2022-23/1054708362(1) For The Assessment Year 2018-2019. 2. At The Time Of Hearing, Shri Sudam Panigrahi, Accountant Of The Assessee-Committee Submitted An Adjournment Application, Which Was Taken Back By Him. Subsequently, An Adjournment Application From The Secretary Of The Assessee Through Post Addressing To The Members, Itat Cuttack, Was Received After The Order Was Pronounced In The Open Court And, Thus, The Same Is Not Taken Into Consideration. 3. It Was The Submission That The Ld. Cit-Dr That The Assessment In The Case Of The Assessee Came To Be Completed U/S.147 R.W.S144

For Appellant: Shri Sudam Panigrahi, Accountant of assessee-committeeFor Respondent: Shri Abani Kanta Nayak, CIT-DR
Section 10Section 147