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

Somnath Das, Kolkata vs. ITO, WD-46(1), Kolkata

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

ITA 496/KOL/2023[2017-18]Status: DisposedITAT Kolkata11 Jul 2023AY 2017-18

Bench: Dr. Manish Borad, Hon’Ble & Shri Sonjoy Sarma, Hon’Bleassessment Year: 2017-18 Somnath Das Ito, Ward-46(1), Kolkata Village: Makardah, Post: Makardah, Vs. Ps: Domjur, Howrah-711409. Pan: Ardpd 8923 B (Appellant) (Respondent) Present For: Appellant By : Shri Shyam Sundar Jha, Ar Respondent By : Shri S. Datta, Cit, Dr Date Of Hearing : 05.07.2023 Date Of Pronouncement : 11.07.2023 O R D E R Per Sonjoy Sarma, Jm: This Appeal By The Assessee For The Assessment Year 2017-18 Is Directed Against The Order Dated 20.03.2023 Passed By The Ld. Cit(A), Nfac, Delhi. The Assessee Has Raised Following Grounds Of Appeal: “1. The Ld. Assessing Office Erred In Facts Of The Case By Estimating The Profit @8% On Sale Proceeds Whereas The Margin On The Price Of The Packed Milk Is Not More Than 2.01% 2. The Assessing Officer Wrongly Considered The Rate Of Profit On Estimation Basis Whereas The Data Related To Payment To The Principal After Realisation Of The Sale Proceeds On Retail Price Are Available. 3. The Learned Assessing Officer Ignored The Actual Sprit Of Business Of The Assessee As Per Agreement Entered By The Assessee With M/S- Gujarat Cooperative Milk Marketing Federation Ltd. The Ld. Assessing Officer Ignored The Fact Of The Case That Margin Of 2.01% Is On The Price Of The Packed Milk Is Only Belonging To The Assessee. 4. The Learned Assessing Officer Ignored The Actual Sprit Of Business That The Assessee Is Very Small Businessman Of Selling Product Of 2 Somnath Das A.Y. 2017-18

For Appellant: Shri Shyam Sundar Jha, ARFor Respondent: Shri S. Datta, CIT, DR
Section 144Section 250