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

Sunil Pandurang Mantri, Mumbai vs. Deputy Commissioner of Income Tax, Mumbai

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

ITA 2804/MUM/2022[2013-14]Status: DisposedITAT Mumbai10 Apr 2023AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकर अपील सं/ I.T.A. No. 2804/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2013-14) Sunil Pandurang Mantri बिधम/ Dcit-4(2), Central Rang- Flat No.3/4, Ground Floor, 4 Vs. Kamal Building, 69, Room No. 1918, Air India Walkeshwar Road-400006. Building, Nariman Point- 400021. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Abnpm4825D (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Abhishek Jhunjhunwala Revenue By: Shri Dharmvir D. Yadav (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 27/02/2023 घोषणा की तारीख /Date Of Pronouncement: 10/04/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)/Nfac, Delhi Dated 22.09.2022 For Assessment Year 2013-14. 2. The Main Grievance Of The Assessee Is Against The Action Of The Ld. Cit/Nfac In Passing The Impugned Order Ex-Parte On The Ground That The Assessee Has Not Filed Any Submission Pertaining To The Grounds Of Appeal Raised By The Assessee Before Him. However, It Was Pointed Out By The Ld. Ar That The Assessment Order Was Passed By The Ao Dated 18.07.2016 U/S 144 Of The Income Tax Act, 1961 (Hereinafter “The Act”) & Against The Same, The Assessee Had Preferred An Appeal Before The Ld. Cit(A)-52, Mumbai Wherein The Assessee Had Filed Written Submission Vide Letter Dated 08.12.2017 A Copy Of Which Is Found Placed At Page No. 10 To 25 Of Pb, Which We Note Have Endorsement Of The Office Of The Ld. Cit(A) Dated 09.01.2018. The Ld.

For Appellant: Shri Abhishek JhunjhunwalaFor Respondent: Shri Dharmvir D. Yadav (Sr. AR)
Section 144Section 250(6)

Jai Maa Sharda Agro and Rice Mills Pvt. Ltd., Kolkata vs. ITO, Ward 6(2), Kolkata

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

ITA 124/KOL/2022[2013-14]Status: DisposedITAT Kolkata06 Apr 2023AY 2013-14

Bench: Shri Sanjay Garg & Dr. Manish Boradi.T.A No.124/Kol/2022 Assessment Year: 2013-14 Jai Maa Sharda Agro & Rice Mills Pvt. Ltd................................…Appellant 23B, N S Road, 4Th Floor, Security House, Kolkata – 700001. [Pan: Aaccj3122F] Vs. Ito, Ward-6(2), Kolkata.................................................…....…..…..Respondent Appearances By: Shri Ashish Agarwal, Adv., Appeared On Behalf Of The Appellant. Shri P. P Barman, Addl. Cit, Sr. Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 03, 2023 Date Of Pronouncing The Order : April 06, 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 1.01.2022 Of The National Faceless Appeal Centre [Hereinafter Referred To As The ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. At The Outset, The Ld. Counsel For The Assessee Has Invited Our Attention To The Impugned Order Of The Assessing Officer To Submit That The Same Is An Ex Parte Order Passed U/S 144 Of The Act. The Ld. Counsel Has Further Submitted That The Jurisdiction, In This Case, Of The Assessing Officer Was Changed & That The Assessee Has Not Received Any Notice Served By The Assessing Officer During The Assessment Proceedings. Therefore, The Case Of The Assessee Remained Unrepresented Before The

Section 144Section 147Section 250

Pravina Rajendra Shah, Mumbai vs. Incometax Officer-33(2)(5), Mumbai

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

ITA 6/MUM/2023[2017-18]Status: DisposedITAT Mumbai31 Mar 2023AY 2017-18

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.06/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2017-18) Pravina Rajendra Shah बिधम/ Ito-33(2)(5) B-2-101 1St Floor, Kamla Kautilya Bhavan, Bandra Vs. Nagar, M. G. Road, Kurla Complex, Bandra Kandivali- West, Mumbai- (East), Mumbai-400051. 400067. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Bnqps3396P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Shri Anil Gupta सुनवाई की तारीख / Date Of Hearing: 28/02/2023 घोषणा की तारीख /Date Of Pronouncement: 31/03/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Cit(A)/Nfac, Delhi Dated 03.11.2022 For Ay. 2017-18 Wherein The Assessee Has Raised A Single Issue Challenging The Action Of The Ld. Cit(A) In Upholding The Addition Of Rs.15,81,301/- Made By The Ao As Unexplained Money U/S 69A Of The Income Tax Act, 1961 (Hereinafter “The Act”). 2. None Appeared For The Assessee. It Is Noted That The Ld. Cit(A) Has Passed An Ex-Parte Order Since The Assessee Failed To Comply With The Three (3) Notices Issued By Him. It Is Noted That The Ld. Cit(A) Has Not Decided The Case On Merits & Has Passed An Ex-Parte Order Without Hearing The Assessee & Not On Merits.

For Appellant: NoneFor Respondent: Shri Anil Gupta
Section 144Section 69A