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

Sayaniyaa Karthick, Coimbatore vs. ITO, Non- Corporate Ward-1(3), Coimbatore

The appeal stands partly allowed in terms of our above order

ITA 715/CHNY/2023[2017-18]Status: DisposedITAT Chennai09 Aug 2023AY 2017-18

Bench: Hon’Ble Shri V. Durga Rao, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.715/Chny/2023 (िनधा"रण वष" / Assessment Year: 2017-18) Smt. Saraniyaa Karthick Ito बनाम 120, Sivasubramaniam Road, Non –Corporate Ward-1(3), / Vs. R.S. Puram, Coimbatore-641 002. Coimbatore. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Cdsps-6146-J (अपीलाथ"/Appellant) : (!"थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri S. Sridhar (Advocate)-Ld.Ar !"थ"कीओरसे/Respondent By : Shri D.Hema Bhupal (Jcit)- Ld.Dr सुनवाई की तारीख/Date Of Hearing : 25-07-2023 घोषणा की तारीख /Date Of Pronouncement : 09-08-2023 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2017-18 Arises Out Of The Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 17-03-2023 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 144 Of The Act On 18-11-2019. The Sole Substantive Issue That Arises In The Appeal Is Estimation Of Addition On Account Of Cash Deposited By The Assessee During Demonetization Period.

For Appellant: Shri S. Sridhar (Advocate)-Ld.ARFor Respondent: Shri D.Hema Bhupal (JCIT)- Ld.DR
Section 131(1)Section 144Section 69A

Kunwar Pal Sharma, Bulandshahr vs. ITO Ward 2(3)2, Bulandshahar

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

ITA 393/DEL/2023[2017-18]Status: DisposedITAT Delhi09 Aug 2023AY 2017-18

Bench: Shri Chandra Mohan Garg & Dr. B.R.R. Kumarassessment Year: 2017-18 Kunwar Pal Sharma, Ito Ward 2(3)2, Bulandshahr, Up 730, Radha Nagar, Bulandshar, Uttar Pradesh 203001 Vs. Pan Bufps 7337 L (Appellant) (Respondent) For Assessee: None For Revenue : Shri Vivek Vardhan, Sr. Dr Date Of Hearing : 09.08.2023 Date Of Pronouncement : 09.08.2023 Order Per Chandra Mohan Garg, J.M. This Appeal Has Been Filed Against The Order Of Nfac, New Delhi Dated 21.12.2022 For A.Y. 2017-18. 2. When The Appeal Was Called For Hearing Neither The Assessee Nor Any Authorized Representative Appeared Nor Any Adjournment Application Has Been Filed Despite Several Notices. However, Or Perusal Of The Appeal Records & Impugned Order, We Find That The Appeal Can Be Disposed Of Ex-Parte Qua Assessee After Hearing The Arguments Of Ld. Senior Dr. Therefore We Proceed To Adjudicate The Appeal Ex-Parte Qua Assessee. 3. On Being Asked By The Bench The Ld. Senior Dr, In All Fairness, Did Not Controvert The Factual Observations Of The Bench That The Assessing Officer Has Passed Ex-Parte Order U/S. 144 Of The Act & The Ld. Cit(A) Has Also Dismissed Appeal Of Assessee Dismissing The Request Of Assessee To Keep Penalty Proceedings In Abeyance On Account Of Pendency Of First Appeal Of Assessee & The Assessee Was Not Allowed Opportunity Of Being Heard & To Explain His Case Before The Authorities Below. 4. Therefore In View Of Above Factual Position Of The Case We Find It Appropriate To Restore The Matter To The File Of Assessing Officer For A Fresh Adjudication Of Issue Of Imposing Of Penalty For Non Compliance Of Notice After Allowing Due Opportunity Of Hearing To The Assessee & Without Being Influenced With The Earlier Orders.

For Appellant: NoneFor Respondent: Shri Vivek Vardhan, Sr. DR
Section 144