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. Kishore Kandikere, Bangalore vs. Income-Tax Officer, Ward-International Taxation 1(2), Bangalore

In the result the appeals filed by the assessees are allowed for statistical purposes and the stay petitions are dismissed

ITA 99/BANG/2023[2017-18]Status: DisposedITAT Bangalore21 Mar 2023AY 2017-18

Bench: Shri Laxmi Prasad Sahuit(It)A No. 99/Bang/2023 & Sp No. 09/Bang/2023 (Assessment Year: 2017-18) Shri Kishore Kandikere Vs. The Income Tax Officer - 1(2) 6Th Floor, Divyasree Chambers (International Taxation) Off Langford Road, Shantinagar Bmtc Building, 80 Ft Road Bengaluru 560025 6Th Block, Koramangala Pan – Alqpk6495G Bengaluru 560095 (Appellant) (Respondent) It(It)A No. 100/Bang/2023 & Sp No. 10/Bang/2023 (Assessment Year: 2017-18) Rekha Channabasappa Kandikere Vs. The Income Tax Officer - 1(2) 6Th Floor, Divyasree Chambers (International Taxation) Off Langford Road, Shantinagar Bmtc Building, 80 Ft Road Bengaluru 560025 6Th Block, Koramangala Pan – Alqpk6495G Bengaluru 560095 (Appellant) (Respondent) Assessee By: Shri Ravishankar S.V., Advocate Revenue By: Shri Ganesh R. Ghale, Standing Counsel Date Of Hearing: 20.03.2023 Date Of Pronouncement: 21.03.2023 O R D E R Per: Laxmi Prasad Sahu, A.M. These Appeals Have Been Filed By Two Different Assessee’S Against Separate Orders Passed By The Cit(A)-12, Bengaluru Vide Din No. Itba/Apl/M/250/ 2022-23/1043375089(1) & Itba/Apl/M/250/ 2022-23/1043374813(1)

For Appellant: Shri Ravishankar S.V., AdvocateFor Respondent: Shri Ganesh R. Ghale, Standing Counsel
Section 250Section 69

Sri. Ramesha, Bangalore vs. Income-Tax Officer, Ward-1(2)(3), Bangalore

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

ITA 101/BANG/2023[2017-18]Status: DisposedITAT Bangalore21 Mar 2023AY 2017-18

Bench: Shri Laxmi Prasad Sahushri Ramesha Vs. The Income Tax Officer No. 53, Aluru Post Ward - 1(2)(3) Dasanapua Hobli Bngaluru Bengaluru 562123 Pan – Aqlpr9582M (Appellant) (Respondent) Assessee By: Shri Ravishankar S.V., Advocate Revenue By: Shri Ganesh R. Ghale, Standing Counsel Date Of Hearing: 20.03.2023 Date Of Pronouncement: 21.03.2023 O R D E R Per: Laxmi Prasad Sahu, A.M. This Is An Appeal Filed By The Assessee Against The Order Passed By The Nfac, Delhi Vide Din & Order No. Itba/Nfac/S/250/2021-22/ 1037321812(1) Dated 29.11.2021 On The Following Grounds Of Appeal: - “1. The Orders Of The Authorities Below In So Far As They Are Against The Appellant Are Opposed To Law, Equity, Weight Of Evidence, Probabilities, Facts & Circumstances Of The Case. 2. The Learned Commissioner Of Income-Tax [Appeals]/National Faceless Appeal Centre [Nfac For Short] Is Not Justified In Dismissing The Appeal Filed On The Ground That There Was No Response By The Appellant To The Notices Issued On Various Occasions & Therefore, The Appellant Was Not Interested In Pursuing The Appeal Under The Facts & In The Circumstances Of The Appellant'S Case. 2.1 The Learned Cit[A] Ought To Have Appreciated That The E-Mail Address Provided In The E-Filing Portal & Form No.35 Related To 2 Shri Ramesha

For Appellant: Shri Ravishankar S.V., AdvocateFor Respondent: Shri Ganesh R. Ghale, Standing Counsel
Section 115BSection 133(6)Section 234Section 69A

Smt. Rekha Channabasappa Kandikere, Bangalore vs. Income-Tax Officer, Ward-International Taxation 1(2), Bangalore

In the result the appeals filed by the assessees are allowed for statistical purposes and the stay petitions are dismissed

ITA 100/BANG/2023[2017-18]Status: DisposedITAT Bangalore21 Mar 2023AY 2017-18

Bench: Shri Laxmi Prasad Sahuit(It)A No. 99/Bang/2023 & Sp No. 09/Bang/2023 (Assessment Year: 2017-18) Shri Kishore Kandikere Vs. The Income Tax Officer - 1(2) 6Th Floor, Divyasree Chambers (International Taxation) Off Langford Road, Shantinagar Bmtc Building, 80 Ft Road Bengaluru 560025 6Th Block, Koramangala Pan – Alqpk6495G Bengaluru 560095 (Appellant) (Respondent) It(It)A No. 100/Bang/2023 & Sp No. 10/Bang/2023 (Assessment Year: 2017-18) Rekha Channabasappa Kandikere Vs. The Income Tax Officer - 1(2) 6Th Floor, Divyasree Chambers (International Taxation) Off Langford Road, Shantinagar Bmtc Building, 80 Ft Road Bengaluru 560025 6Th Block, Koramangala Pan – Alqpk6495G Bengaluru 560095 (Appellant) (Respondent) Assessee By: Shri Ravishankar S.V., Advocate Revenue By: Shri Ganesh R. Ghale, Standing Counsel Date Of Hearing: 20.03.2023 Date Of Pronouncement: 21.03.2023 O R D E R Per: Laxmi Prasad Sahu, A.M. These Appeals Have Been Filed By Two Different Assessee’S Against Separate Orders Passed By The Cit(A)-12, Bengaluru Vide Din No. Itba/Apl/M/250/ 2022-23/1043375089(1) & Itba/Apl/M/250/ 2022-23/1043374813(1)

For Appellant: Shri Ravishankar S.V., AdvocateFor Respondent: Shri Ganesh R. Ghale, Standing Counsel
Section 250Section 69