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

Shri Ramchandra Dhopeshwarkar, Mumbai vs. Int Tax Ward 2(1)(1), Mumbai

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

ITA 913/MUM/2023[2012-13]Status: DisposedITAT Mumbai13 Jun 2023AY 2012-13

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhailshri Ramchandra Vs. International Tax Dhopeshwarkar, 404/11J Ward 2(1)(1) Neelam Nagar Chs, Room No. 1724, 17Th Phase Ii, Gavan Pada, Floor, Air India Building, Mulund (E), Nariman Point, Mumbai – 400081 Mumbai - 400021 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Afrpd9868F Appellant .. Respondent Appellant By : None Respondent By : Soumendu Kumar Das Date Of Hearing 08.06.2023 Date Of Pronouncement 13.06.2023 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Is Filed By The Assesse Against The Order Passed By The Ld. Cit(A)-56, Mumbai, Dated 15.01.2023 For A.Y. 2012-13. The Assessee Has Raised The Following Grounds Before Us: “1. On The Facts & In The Circumstances Of The Case, The Order Of The Commissioner Of Income Tax (Appeals)-56, Mumbai, Is Bad In Law On Various Grounds Apart From Being Passed In Gross Violation Of Principles Of Natural Justice. 2. The Commissioner (Appeals) Erred In Dismissing The Appeal In Limine On The Alleged Ground Of Delay In Filing The Appeal Without Giving Any Opportunity & Without Appreciating The Fact There Is Delay In Filing The Appeal Is Factually Incorrect. 3. On The Facts & Circumstances Of The Case & In Law The Cit(A) Has Erred In Not Dealing With The Grounds Of Appeal Raised Before Him Despite Receiving The Remand Report From The Ld. Ao.

For Appellant: NoneFor Respondent: Soumendu Kumar Das
Section 115BSection 144Section 148Section 69A

Muralitaran, Cuddalore vs. ITO, Ward 2, Cuddalore

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 518/CHNY/2023[2012-13]Status: DisposedITAT Chennai09 Jun 2023AY 2012-13

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.518/Chny/2023 िनधा"रण वष"/Assessment Year: 2012-13 Muralitharan, Vs. The Income Tax Officer, 73, Mannargudi Road Street, Ward 2, Chidambaram, Cuddalore 608 001. Cuddalore. [Pan:Aympm9337L] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri S. Girish Kumar, Advocate ""थ" की ओर से/Respondent By : Shri P. Sajit Kumar, Jcit सुनवाई की तारीख/ Date Of Hearing : 31.05.2023 घोषणा की तारीख /Date Of Pronouncement : 09.06.2023 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi Dated 24.03.2023 For The Assessment Year 2012-13. 2. Brief Facts Of The Case Are That As Per The Information Available With The Department, The Assessee Made Cash Deposits Amounting To ₹.18,46,270/- & Other Credits Amounting To ₹.56,95,371/- During The Period From 01.04.2011 To 31.03.2012. Since The Assessee Did Not File The 2

For Appellant: Shri S. Girish Kumar, AdvocateFor Respondent: Shri P. Sajit Kumar, JCIT
Section 142(1)Section 144Section 148Section 69A