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

Vijay Kumar Sahu, Allahabad vs. Income Tax Officer Ward 1(5), Allahabad

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

ITA 13/ALLD/2023[F.Y.2017-18]Status: DisposedITAT Allahabad11 Sept 2023

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.13/Alld/2023 (ननधधारण वर्ा / Assessment Year: 2017-18) बनधम/ Vijay Kumar Sahu Ito, Ward-1(5) Mau Aima, Allahabad, Uttar Allahabad-211001. Vs. Pradesh-211002. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Ciops1718P (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Utkarsh Gupta Revenue By: Shri A. K. Singh (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 06/09/2023 घोषणा की तारीख /Date Of Pronouncement: 11/09/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Cit(A)/Nfac, Delhi Dated 19.12.2022 For Ay. 2017-18. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ao Passing An Ex-Parte Order U/S 144 Of The Income Tax Act, 1961 (Hereinafter “The Act”) Without Giving Proper Opportunity To The Assessee To Answer/Explain To Issue Raised Before Him Which Led To The Addition Of Rs.9,71,390/- (Rs.7,91,600/- Us/ 69 Of The Act & Net Profit Of Rs.1,79,792/-).

For Appellant: Shri Utkarsh GuptaFor Respondent: Shri A. K. Singh (Sr. DR)
Section 139(1)Section 142(1)Section 144Section 69

Manju Singh, Fatehpur vs. ITO, Ward- 2 (4), Fatehpur

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

ITA 27/ALLD/2023[2017-18]Status: DisposedITAT Allahabad08 Sept 2023AY 2017-18

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.27/Alld/2023 (ननधधारण वर्ा / Assessment Year: 2017-18) बनधम/ Manju Singh Ito-2(4) Chandelan Ka Purwa Income Tax Office, Vs. Jamrawa, Fatehpur-212654. Fatehpur-212601. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Diwps4493G (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Assessee By: Shri Mayank Arora Revenue By: Shri A. K. Singh (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 05/09/2023 घोषणा की तारीख /Date Of Pronouncement: 08/09/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Cit(A)/Nfac, Delhi Dated 27.01.2023 For Ay. 2017-18. 2. The Main Grievance Of The Assessee An Individual (Partner Of A Firm) Is That The Ao Misdirected Himself While Passing The Assessment Order By Mistakenly Taking Note Of The Bank Accounts Of The Firm (M/S. Samar Brick Field) As That Of Assessee & Thereby Erroneously Made Addition Of Rs.4,04,374/-. 3. Brief Facts Is That Assessee Is An Individual & A Partner In A Partnership Firm M/S. Samar Brick Field (Pan: Acbfs1057I) & Her Source Of Income Is From The Firm I.E. Interest On Capital Remuneration & Share Of Profit From The Firm (M/S. Samar Brick Field) & Since Her Income In This Relevant Year Was Less Than The Threshold Limit Prescribed By The Finance Act, She Did Not File Her Return Of Income.

For Appellant: Shri Mayank AroraFor Respondent: Shri A. K. Singh (Sr. DR)
Section 139(1)Section 142(1)Section 144