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

Dilip Bhagwat Pimple, Pune vs. Income Tax Office, Ward-14(1), Pune

In the result, the appeal filed by the assessee stands partly allowed

ITA 533/PUN/2023[2017-18]Status: DisposedITAT Pune25 May 2023AY 2017-18

Bench: Shri Inturi Rama Raoआयकर अपील सं. / Ita No.533/Pun/2023 िनधा"रण वष" / Assessment Year : 2017-18 Dilip Bhagwat Pimple, Vs. Ito, Ward-14(1), Pune. House No.544, Keshavnagar, Mhasobanagar, Mundhwa, Pune- 411036. Pan : Aifpp6866J Appellant Respondent Assessee By : Shri Saurabh Patil Revenue By : Shri Piyush Kumar Singh Yadav Date Of Hearing : 24.05.2023 Date Of Pronouncement : 25.05.2023 आदेश / Order Per Inturi Rama Rao, Am: This Is An Appeal Filed By The Assessee Directed Against The Order Of The National Faceless Appeal Centre, Delhi [‘Nfac’] Dated 29.03.2023 For The Assessment Year 2017-18. 2. Briefly, The Facts Of The Case Are That The Appellant Is An Individual Deriving Income Under The Head “Capital Gains”. The 2 Return Of Income For The Assessment Year 2017-18 Was Filed On 30.03.2017 Declaring Total Income Of Rs.8,80,040/-. Against The Said Return Of Income, The Assessment Was Completed By The Income Tax Officer, Ward-14(1), Pune (‘The Assessing Officer’) Vide Order Dated 11.12.2019 Passed U/S 144 Of The Income Tax Act, 1961 (‘The Act’) At A Total Income Of Rs.44,54,040/-. While Doing So, The Assessing Officer Made Addition On Account Of Indexed Cost Of Acquisition Of Rs.35,74,000/- While Computing The Income Under The Head “Capital Gains”. 3. Being Aggrieved, An Appeal Was Filed Before The Nfac, Who Vide Impugned Order Dismissed The Appeal In Limine Without Condoning The Delay Of 398 Days From The Date Of Passing Of The Assessment Order. 4. Being Aggrieved, The Appellant Is In Appeal Before This Tribunal In The Present Appeal. 5. It Is Submitted Before Me That Excluding The Period Of Covid-19, The Delay In Filing The Appeal Before The Nfac Is Only 30 Days. It Is Further Submitted That The Delay Had Occurred Because Of The Appellant Was Not Aware Of The Service Of Notice Through E-Mail

For Appellant: Shri Saurabh PatilFor Respondent: Shri Piyush Kumar Singh Yadav
Section 144

Skyview Dealtrade Pvt. Ltd., Siliguri vs. DCIT, Cent. Cir-2(1), Kolkata

In the result, the appeal of the assessee stands allowed

ITA 482/KOL/2022[2012-2013]Status: DisposedITAT Kolkata25 May 2023AY 2012-2013

Bench: Shri Sanjay Garg & Shri Girish Agrawali.T.A. No.482/Kol/2022 Assessment Year: 2012-13 Skyview Dealtrade Pvt. Ltd........................................…..........….…… Appellant H. No.Vl/100/A/14, Skyview Building, 40, Sevoke Road, Siliguri, Darjeeling-734001. [Pan: Aaocs1326G] Vs. Dcit, Central Circle-2(1), Kolkata….....…...........................…..…..... Respondent Appearances By: Shri Pranobesh Sarkar, Adv., Appeared On Behalf Of The Appellant. Smt. Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : May 04, 2023 Date Of Pronouncing The Order : May 25, 2023 आदेश / Order संजय गग", "या"यक सद"य "वारा / Per Sanjay Garg: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 24.01.2022 Of The Commissioner Of Income Tax (Appeals)- 20, Kolkata [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. The Assessee In This Appeal Has Contested The Addition Made By The Assessing Officer & Further Confirmed By The Cit(A) In Respect Of Share Capital Of Rs.3,49,87,796/- & Unsecured Loans Of Rs.34,83,745/- Received By The Assessee Which Have Been Treated By The Lower Authorities As Unexplained Income Of The Assessee & Further Of Disallowance Of Expenditure Claimed Of Rs.38,973/-. The Impugned Additions Were Made By The Assessing Officer On Account Of The Failure

Section 132Section 133ASection 143(3)Section 144Section 153CSection 250

ACIT, Central Circle-3, Patna vs. M/S Tirupati Homes Ltd, Patna

In the result, the appeals of the revenue in ITA No

ITA 71/PAT/2020[2016-17]Status: DisposedITAT Patna25 May 2023AY 2016-17

Bench: Shri Sonjoy Sarma, Hon’Ble & Shri Girish Agrawal, Hon’Bleita Nos.70 & 71/Pat/2020 Assessment Year: 2016-17 Acit, Central Circle-3, Patna M/S. Tirupati Homes Limited Ground Floor, Arvina Vs Apartment, Nageshwar Colony, Patna – 800001. Pan: Aadct 7444 H (Appellant) (Respondent) Present For: Appellant By : Shri Alok Kumar, Advocate Respondent By : Shri Rupesh Agrawal, Sr. Dr Date Of Hearing : 10.05.2023 Date Of Pronouncement : 25.05.2023 O R D E R Per Sonjoy Sarma, Jm: The Captioned Appeals Are Filed By The Revenue Against Two Separate Orders Of The Ld. Cit(A) – 3, Patna Dated 18.06.2020 & 19.06.2020 Respectively For A.Y. 2016-17. The Revenue Has Raised The Following Grounds Of Appeal: 1. That On The Facts & In The Circumstances Of The Case & In Law, The Ld.Cit(A) Has Erred In Deleting The Addition Of Rs. 1,35,06,630/- Made By The A.O. On Account Of Undisclosed/Misreporting Of Sale Of Flats, Accepting The Contention & Calculation Made By The Assessee In Which The Main Questionable Point Is Deduction Of Expense Of Rs.5,19,35,503/- On Account Of "Excess Provision Of Earlier Years Deducted'" To Complete The Substantially Completed Units. The Ld.Cit(A) Has Accepted This Contention Which Was Made For The First Time Before Him, Without Making Proper Verification & Verifying Corresponding Entry In The Accounts.

For Appellant: Shri Alok Kumar, AdvocateFor Respondent: Shri Rupesh Agrawal, Sr. DR
Section 143(2)Section 144

ACIT, Central Circle-3, Patna vs. M/S Tirupati Homes Ltd, Patna

In the result, the appeals of the revenue in ITA No

ITA 70/PAT/2020[2016-17]Status: DisposedITAT Patna25 May 2023AY 2016-17

Bench: Shri Sonjoy Sarma, Hon’Ble & Shri Girish Agrawal, Hon’Bleita Nos.70 & 71/Pat/2020 Assessment Year: 2016-17 Acit, Central Circle-3, Patna M/S. Tirupati Homes Limited Ground Floor, Arvina Vs Apartment, Nageshwar Colony, Patna – 800001. Pan: Aadct 7444 H (Appellant) (Respondent) Present For: Appellant By : Shri Alok Kumar, Advocate Respondent By : Shri Rupesh Agrawal, Sr. Dr Date Of Hearing : 10.05.2023 Date Of Pronouncement : 25.05.2023 O R D E R Per Sonjoy Sarma, Jm: The Captioned Appeals Are Filed By The Revenue Against Two Separate Orders Of The Ld. Cit(A) – 3, Patna Dated 18.06.2020 & 19.06.2020 Respectively For A.Y. 2016-17. The Revenue Has Raised The Following Grounds Of Appeal: 1. That On The Facts & In The Circumstances Of The Case & In Law, The Ld.Cit(A) Has Erred In Deleting The Addition Of Rs. 1,35,06,630/- Made By The A.O. On Account Of Undisclosed/Misreporting Of Sale Of Flats, Accepting The Contention & Calculation Made By The Assessee In Which The Main Questionable Point Is Deduction Of Expense Of Rs.5,19,35,503/- On Account Of "Excess Provision Of Earlier Years Deducted'" To Complete The Substantially Completed Units. The Ld.Cit(A) Has Accepted This Contention Which Was Made For The First Time Before Him, Without Making Proper Verification & Verifying Corresponding Entry In The Accounts.

For Appellant: Shri Alok Kumar, AdvocateFor Respondent: Shri Rupesh Agrawal, Sr. DR
Section 143(2)Section 144