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

Hunt International Investments Llc, Mumbai vs. DCIT, Circle Int Taxation, 2(1)(1), New Delhi

In the result, impugned order is set-aside and the appeal is allowed for statistical purposes

ITA 916/MUM/2023[2015-2016]Status: DisposedITAT Mumbai31 Jul 2023AY 2015-2016

Bench: Shri Vikas Awasthy & Ms. Padmavathy Sआअसं. 916/मुं/2023 (िन.व. 2015-16) Hunt International Investments Llc 205-206, Regent Chambers, 2Nd Floor, Jamnalal Bajaj Road, 208, Nariman Point, Mumbai-400021. Pan: Aadch0520J ...... अपीलाथ" /Appellant बनाम Vs. Dcit, Circle International Taxation-2(1)(1), Civic Centre, Minto Road, New Delhi-110002. ..... "ितवादी/Respondent अपीलाथ" "ारा/ Appellant By : Sh. A.N. Shah "ितवादी "ारा/Respondent By : Sh. Anil Sant, Sr. Dr सुनवाई की ितिथ/ Date Of Hearing : 31/07/2023 घोषणा की ितिथ/ Date Of Pronouncement : 31/07/2023 आदेश/ Order Per Vikas Awasthy, Jm This Appeal By The Assessee Is Directed Against The Assessment Order Dated 27.01.2023 Passed Under Section 144C(13)/143(3) R.W.S. 147 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’), For The Assessment Year 2015-16. 2. Sh. A.N. Shah Appearing On Behalf Of The Assessee Submitted That The Assessee Is A Tax Resident Of Usa. The Assessee Is A Registered Foreign Portfolio Investor [Category-Iii]. The Assessee Primarily Invests In Shares To Earn Long Term

For Appellant: Sh. A.N. ShahFor Respondent: Sh. Anil Sant, Sr. DR
Section 10(38)Section 142(1)Section 144Section 144C(13)Section 148

Income Tax Officer, Ward-Mahasamund, Mahasamund vs. Smt. Nirmala Devi Shrishrimal, Mahasamund

In the result, appeal of the Revenue is partly allowed for statistical purposes in terms of our observations herein above

ITA 197/RPR/2022[2018-19]Status: DisposedITAT Raipur31 Jul 2023AY 2018-19

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.197/Rpr/2022 ("नधा"रण वष" / Assessment Year: 2018-19) Income Tax Officer, Vs Smt. Nirmala Devi Shrishrimal, Ward-Mahasamund, 31, M.B. Building, Gandhi Chowk, Chhattisgarh Mahasamund, Chhattisgarh Pan No. : Ajgps 0562 G (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Sh. Amit M. Jain, Advocate राज"व क" ओर से /Revenue By : Sh. Simran Bhullar, Cit(Dr) सुनवाई क" तार"ख / Date Of Hearing : 18.07.2023 घोषणा क" तार"ख/Date Of Pronouncement : 31.07.2023 आदेश / O R D E R Per Arun Khodpia, Am : The Present Appeal By The Revenue Is Directed Against The Order Of Learned Commissioner Of Income Tax (Appeals) – National Faceless Appeals Centre (Nfac), Delhi, Dated 29.08.2023 For The Assessment Year 2018-19. The Revenue Has Raised The Following Grounds Of Appeal:- 1. On The Facts & The Circumstances Of The Case Whether The Ld. Cit(A), Nfac Was Justified In Deleting The Addition Of Rs.3,12,98,657/- U/S 68 Of The I.T. Act, 1961 Without Calling For Remand Report From The Ao On The Issue Of Unexplained Increase In Capital U/S 68 Of The Act. 2. Any Other Grounds That May Be Adduced At The Time Of Hearing. 2. The Brief Facts Of The Case Are That The Appellant Assessee Is An Individual Has Filed Her Return Of Income For The Assessment Year 2018-19 On 30Th March, 2019, Showing A Total Income Of Rs.7,03,830/-. The Case Of Assessee Was Selected For Limited Scrutiny Assessment Under E- Assessment Scheme, 2019 On The Issue Of Share Capital/Other Capital.

For Appellant: Sh. Amit M. Jain, AdvocateFor Respondent: Sh. Simran Bhullar, CIT(DR)
Section 143Section 143(2)Section 144Section 250Section 68

Jayton Trading Pvt. Ltd., Kolkata vs. Dy. Commissioner of Income Tax (Central)-2, Raipur

In the result, appeal of the assessee is allowed

ITA 65/RPR/2021[2012-13]Status: DisposedITAT Raipur31 Jul 2023AY 2012-13

Bench: Shri Ravish Sood, Jm & Shri Arun Khodpia, Am आयकर अपील सं./Ita No.65/Rpr/2021 (Assessment Year: 2012-2013) Jayton Trading Private Limited, Vs Dcit (Central)-2, Raipur 15, Crooked Lane, 1St Floor, Hare Street, Kolkata Pan No. :Aaacj 6659 B (अपीलाथ" /Appellant) .. (""यथ" / Respondent) "नधा"रती क" ओर से /Assessee By : Shri Jehangir D. Mistry, Sr. Advocate, Shri Madhur Agrawal, Advocate Shri Praveen Khandelwal & Praveen Goyal, Cas राज"व क" ओर से /Revenue By : Smt. Ila M. Parmar, Cit-Dr सुनवाई क" तार"ख / Date Of Hearing : 29/05/2023 घोषणा क" तार"ख/Date Of Pronouncement : 31 /07/2023 आदेश / O R D E R Per Arun Khodpia, Am : The Assessee Has Filed This Appeal Against The Order Passed By The Cit(A)-3, Bhopal, Dated 06.07.2021 For The Assessment Year 2012-2013, On The Following Grounds :- 1. That On The Facts & In The Circumstances Of The Case & In Law, The Order Dated 06/07/2021 Passed U/S 250 Of The Act & The Assessment Order Passed U/S 144 R.W.S. 147 Of The Act Dated 30/12/2019 Are Illegal & Void Ab Initio. 2. That On The Facts & In The Circumstances Of The Case & In Law, The First Appellate Authority Erred In Not Confirming That The Notice Issued U/S 148 Of The Act Dated 28/03/2019 Is Bad In Law. 2.1 That On The Facts & In The Circumstances Of The Case & In Law, The First Appellate Authority Erred In Not Holding That The Notice Issued U/S 148 Of The Act Dated 28/03/2019 Is Time Barred By Limitation In View Of First Proviso To Section 147 Of The Act. 2.2 That On The Facts & In The Circumstances Of The Case & In Law, The First Appellate Authority Erred In Confirming The Reason Recorded U/S 148(2) Of The Act Though The Same Is Only A Change Of Opinion On Account Of Borrowed Satisfaction Without Application Of Mind By The Assessing Officer.

For Appellant: Shri Jehangir D. Mistry, Sr. AdvocateFor Respondent: Smt. Ila M. Parmar, CIT-DR
Section 143(3)Section 144Section 147Section 148Section 148(2)Section 250Section 68