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. Abhilasha Exports Pvt. Ltd., Kolkata vs. I.T.O., Ward - 15(1), Kolkata

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

ITA 73/KOL/2023[2011-2012]Status: DisposedITAT Kolkata15 Nov 2023AY 2011-2012

Bench: Shri Sanjay Garg, Hon’Ble & Dr. Manish Borad, Hon’Blei.T.A. No. 73/Kol/2023 Assessment Year: 2011-12 M/S. Abhilasha Exports Pvt. Ltd. Income Tax Officer, Ward- C/O M/S. Salarpuria Jajodia & Co. Vs 15(1), Kolkata 7, C.R. Avenue 3Rd Floor Kolkata - 700072 [Pan : Aahca5909J] अपीलाथ"/ (Appellant) "" यथ"/ (Respondent) Assessee By : None Revenue By : Shri Abhijit Kundu, Cit, D/R सुनवाई क" तारीख/Date Of Hearing : 25/09/2023 घोषणा क" तारीख /Date Of Pronouncement: 15/11/2023 आदेश/O R D E R Per Dr. Manish Borad: The Present Appeal Is Directed At The Instance Of The Assessee Against The Order Of The National Faceless Appeal Centre, Delhi (Hereinafter The “Ld. Cit(A)”) Dt. 29/12/2023, Passed U/S 250 Of The Income Tax Act, 1961 (“The Act”) For The Assessment Year 2011-12. 2. When The Assessee Was Called For, None Appeared On Behalf Of The Assessee. Perusal Of The Record Indicates That In The Past, Shri Siddharth Jhajharia, Was Appearing As Authorised Representative But Vide Letter Dt. 25/09/2023, He Submitted That Due To Some Unavoidable Reasons, He Intends To Withdraw His Power & Has Informed The Assessee Company To Collect The No Objection From Him. We Also Observe That During The Course Hearing Before The Ld. Cit(A), Assessee Failed To Appear On Various Dates Of Hearing & Ld. Cit(A) Framed An 2

For Appellant: NoneFor Respondent: Shri Abhijit Kundu, CIT, D/R
Section 143(3)Section 144Section 234BSection 250

Jmd Corporation of India Limited, Mumbai vs. The Commissioner of Income Tax, Appeal-2, Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 2241/MUM/2023[2011-2012]Status: DisposedITAT Mumbai14 Nov 2023AY 2011-2012

Bench: Shri Aby T Varkey & Shri Amarjit Singhjmd Corporation Of India Vs. The Income Tax Officer, Limited, Flat No. Ward 1(4), Ashar I. T. 204/205, Bldg No. B-2, Park, 6Th Floor, B Wing, Garden Enclave, Vasant Room No. 11, Road No. Vihar, Thane (W), 16Z, Wagle Industrial Maharashtra – 400610 Estate, Thane (W) 400604 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaccj1370M Appellant .. Respondent [ Appellant By : Ruchi Rathod Respondent By : Ujjawal Kumar Chavhan Date Of Hearing 27.09.2023 Date Of Pronouncement 14.11.2023 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Assesse Is Directed Against The Order Passed By The Ld. Cit(A)-2, Thane, Dated 03.08.2020 For A.Y. 2011-12. The Assessee Has Raised The Following Grounds Before Us: “A. The Appellant States & Submits That, The Assessing Officer & The Appellate Authority Erred In Creating & Upholding Addition Alleging Bogus Purchases Solely Based On The Investigation Of Third Party Investigating Agency (Sales Tax Department) & Without Making Any Further Inquiries To Substantiate Such Additions. B. The Appellant States & Submits That, The Assessing Officer & The Appellate Authority Erred In Ignoring The Fact That The Appellant Had Already Paid Mvat To The Sales Tax Department On The Impugned Transactions & Erred In Not Reducing The Said Amount From The Additions.

For Appellant: Ruchi RathodFor Respondent: Ujjawal Kumar Chavhan
Section 144Section 148

Mr. Trilochan Nayak, Bhadrak vs. Income Tax Officer, Bhadrak

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

ITA 257/CTK/2023[2017-18]Status: HeardITAT Cuttack13 Nov 2023AY 2017-18

Bench: Before Shri George Mathan, Judicialassessment Year : 2017-18 Mr Mr Trilochan Trilochan Nayak Nayak, At: Vs. Ito, Ward, Ito, Ward, Niladrivihar, Niladrivihar, Bhadrak Bhadrak By By- Bhadrak Pass Road, Dsit: Bhadrak Pass Road, Dsit: Bhadrak Pan/Gir No. Pan/Gir No.Abzpn 0747 P (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Bivash Ranjan Panda, Adv Bivash Ranjan Panda, Adv Revenue By : Shri S.C.Mohanty, : Shri S.C.Mohanty, Sr Dr Date Of Hearing : 13/11 11/2023 Date Of Pronouncement : 13/11 Date Of Pronouncement : 13/11/2023 O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), Nfac, Delhi, , Nfac, Delhi, Dated 1.7.2022 In Appeal No.Itba/Nfac/S/250/2022 Itba/Nfac/S/250/2022- 23/1043705466(1) 23/1043705466(1) For The Assessment Year 2017-18. 2. Shri Bivash Ranjan Panda, Ld Ar Appeared For The Assessee & Shri Bivash Ranjan Panda, Ld Ar Appeared For The Assessee & Shri Bivash Ranjan Panda, Ld Ar Appeared For The Assessee & Shri S.C.Mohanty, Ld Sr Dr Appeared For The Revenue. S.C.Mohanty, Ld Sr Dr Appeared For The Revenue.

For Appellant: Shri Bivash Ranjan Panda, AdvFor Respondent: Shri S.C.Mohanty
Section 144