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

Mahamadali Adam Patel, Bharuch vs. Income Tax Offocer, Ward 1(2), Bharuch

In the result, the grounds of appeal raised by the assessee are allowed for statistical purposes

ITA 90/SRT/2023[2017-18]Status: DisposedITAT Surat17 Mar 2023AY 2017-18

Bench: Shri Pawan Singhआ.अ.सं./Ita No.90/Srt/2023 (Ay 2017-18) (Hearing In Physical Court) Mahamadali Adam Patel Income Tax Officer, Apana Nagar Society, Ward-1(2), Bharuch-392001 Vs At P.O. Vagara, Bharuch-392001 Pan No: Adxpp 0699 Q अपीलाथ"/Appellant ""यथ" /Respondent "नधा"रती क" ओर से /Assessee By Shri Krutarth K Desai, Advocate राज"व क" ओर से /Revenue By Shri Vinod Kumar, Sr-Dr Date Of Filing Appeal 03.02.2023 सुनवाई की तारीख/Date Of Hearing 17.03.2023 उ"घोषणा क" तार"ख/Date Of 17.03.2023 Pronouncement Order Under Section 254(1) Of Income Tax Act Per Pawan Singh: 1. This Appeal By Assessee Is Directed Against The Order Of National Faceless Appeal Centre, Delhi [For Short To As “Nfac/Ld.Cit(A)”] Dated 27.11.2021 For Assessment Year 2017-18, Which In Turn Arises Out Assessment Order Passed By Income-Tax Officer-Ward-1(2)/ Assessing Officer Under Section 144 Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 19.12.2019. The Assessee Has Raised The Following Grounds Of Appeal:- “1. The Appellant Was Hold The Status Of Agriculturist, During The Year Under Consideration I.E. Ay 2017-18. The Entire Money Received Was The Income From Agriculture Activities Which Are Wholly Exempt Mahamadali Adam Patel From Taxation Purview. Hence The Appellant Is Not Liable To Pay Any Tax On This Income Addition Made By The Authority & Hence This Appeal. 2. The Learned Assessing Officer Has Erred In Appreciating The Factual Matrix Of The Case & Therefore The Addition Deserves To Be Deleted.

Section 144Section 254(1)

Alosha Vanijya Pvt. Ltd., Kolkata vs. I.T.O., Ward - 11(2), Kolkata

In the result, the appeal of the assessee in ITA No

ITA 723/KOL/2022[2012-2013]Status: DisposedITAT Kolkata15 Mar 2023AY 2012-2013

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.722&723/Kol/2022 Assessment Years: 2011-12 & 2012-13 Alosha Vanijya Pvt. Ltd....…..…………..………....................……….……Appellant 40/15, Moore Avenue, Regent Park, Kolkata-700040. [Pan: Aacca5623N] Vs. Ito, Ward-11(2), Kolkata......…...…..…............…….......................…..…..Respondent Appearances By: Shri Amit Agarwal, Advocate, Appeared On Behalf Of The Appellant. Shri Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 27, 2023 Date Of Pronouncing The Order : March 15, 2023 Order Per Manish Borad: Both These Appeals Filed By The Same Assessee Pertaining To The Assessment Years 2011-12 & 2012-13 Are Directed Against The Order Of The National Faceless Appeal Centre [In Short Ld. “Cit(A)”] Both Dated 14.10.2022 Arising Out Of The Order U/S 144/147 Of The Income Tax Act 1961 (Hereinafter Referred To As The ‘Act’) Dated 04.12.2019. 2. Registry Has Informed That There Is Delay Of One Day In Both The Appeals. We Have Gone Through The Condonation Application & Are Satisfied That The Assessee Had A Reasonable Cause For The Said Delay. We, Therefore, Condone The Delay & Admit The Appeal For Adjudication On Merits. 3. At The Outset, The Ld. Counsel For The Assessee Submitted That Ita No.722/Kol/2022 Has Been Filed Against The Order Of The Ld. Cit(A)

Section 144Section 148Section 68

Alosha Vanijya Pvt. Ltd., Kolkata vs. I.T.O., Ward - 11(2), Kolkata

In the result, the appeal of the assessee in ITA No

ITA 722/KOL/2022[2011-2012]Status: DisposedITAT Kolkata15 Mar 2023AY 2011-2012

Bench: Dr. Manish Borad & Shri Sonjoy Sarmai.T.A. Nos.722&723/Kol/2022 Assessment Years: 2011-12 & 2012-13 Alosha Vanijya Pvt. Ltd....…..…………..………....................……….……Appellant 40/15, Moore Avenue, Regent Park, Kolkata-700040. [Pan: Aacca5623N] Vs. Ito, Ward-11(2), Kolkata......…...…..…............…….......................…..…..Respondent Appearances By: Shri Amit Agarwal, Advocate, Appeared On Behalf Of The Appellant. Shri Ranu Biswas, Addl. Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : February 27, 2023 Date Of Pronouncing The Order : March 15, 2023 Order Per Manish Borad: Both These Appeals Filed By The Same Assessee Pertaining To The Assessment Years 2011-12 & 2012-13 Are Directed Against The Order Of The National Faceless Appeal Centre [In Short Ld. “Cit(A)”] Both Dated 14.10.2022 Arising Out Of The Order U/S 144/147 Of The Income Tax Act 1961 (Hereinafter Referred To As The ‘Act’) Dated 04.12.2019. 2. Registry Has Informed That There Is Delay Of One Day In Both The Appeals. We Have Gone Through The Condonation Application & Are Satisfied That The Assessee Had A Reasonable Cause For The Said Delay. We, Therefore, Condone The Delay & Admit The Appeal For Adjudication On Merits. 3. At The Outset, The Ld. Counsel For The Assessee Submitted That Ita No.722/Kol/2022 Has Been Filed Against The Order Of The Ld. Cit(A)

Section 144Section 148Section 68