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. Sunil Kumar Jalan, Bangalore vs. Income Tax Officer, Ward- 6(3)(1), Bangalore

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

ITA 337/BANG/2020[2014-15]Status: DisposedITAT Bangalore28 Feb 2023AY 2014-15

Bench: Shri Chandra Poojari & Shri George George K.Shri Sunil Kumar Jalan Vs The Income Tax Officer - 6(3)(1) No.703, 7Th Floor, Ebony Bmtc Building, 80Ft Road A Wing, Godrej Woods Apts 6Th Block, Koramangla Near Hebbal Flyover Bengaluru 560095 Bangalore 560024 Pan – Acdpj0966D (Appellant) (Respondent) Assessee By: Shri P.K. Prasad, Advocate Revenue By: Dr. Sankar Ganesh K., Addl. Cit-Dr Date Of Hearing: 23.02.2023 Date Of Pronouncement: 28.02.2023 O R D E R Per: George George K., J.M. This Appeal At The Instance Of The Assessee Is Directed Against The Cit(A)’S Order Dated 25.11.2019. The Relevant Assessment Year Is 2014-15. 2. The Brief Facts Of The Case Are As Follows: - The Assessee Is An Individual Engaged In Granite Business. For The Assessment Year (Ay) 2014-15 Return Of Income Was Filed On 28.11.2014 Declaring Total Income Of Rs.13,52,370/- Consisting Of Income From House Property, Capital Gains & Business Income. The Assessment Was Selected For Scrutiny & Notice Under Section 143(2) Of The Income Tax Act, 1961 (The Act) Was Issued On 18.09.2015. The Assessee’S Ar Attended Hearing On 30.12.2016 & 2 Shri Sunil Kumar Jalan Produced The Books Of Accounts & Other Details. The Assessing Officer (Ao) Concluded The Assessment Under Section 143(3) Of The Act Vide Order Dated 30.12.2016 Making The Following Addition: -

For Appellant: Shri P.K. Prasad, AdvocateFor Respondent: Dr. Sankar Ganesh K., Addl. CIT-DR
Section 10(38)Section 143(2)Section 143(3)Section 144

M/S. Bhagabati Buil & Construction Pvt. Ltd, Cuttack vs. Pr. CIT-1, Bhubaneswar

In the result, appeal of the assessee stands allowed

ITA 114/CTK/2022[2017-18]Status: DisposedITAT Cuttack28 Feb 2023AY 2017-18

Bench: Before S/Shri George Mathan, Judicial & Arun Khodpia & Arun Khodpia & Arun Khodpiaassessment Year : 2017-18 M/S. M/S. Bhagabati Bhagabati Build Build & & Vs. Pr. Cit, Constructions Pvt Ltd., At: Constructions Pvt Ltd., At: Bhubaneswar Bhubaneswar-1 Madhupatna, Po: Link Road, Madhupatna, Po: Link Road, Ps:Madhupatna, Cuttack Ps:Madhupatna, Cuttack Pan/Gir No. Pan/Gir No.Aaecb 1801 D (Appellant (Appellant) .. ( Respondent Respondent) Assessee By : Shri Sandeep Kumar Jena, Ar Sandeep Kumar Jena, Ar Revenue By : Shri M.K.Gautam, Cit M.K.Gautam, Cit Dr Date Of Hearing : 28/0 02/2023 Date Of Pronouncement : 28/0 /02/2023 O R D E R Per Bench This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld This Is An Appeal Filed By The Assessee Against The Order Of The Ld Pr. Cit, Cit, Bhubaneswar Bhubaneswar-1 Dated 27.11.2019 27.11.2019 In Appeal No.Itba/Ast/S/144/2019 Itba/Ast/S/144/2019-20/1021143134(1) For The Assessment Year For The Assessment Year2017- 18. 2. Shri Sandeep Kumar Jena, Ld Ar Appeared For The Assessee & Shri Shri Sandeep Kumar Jena, Ld Ar Appeared For The Assessee & Shri Shri Sandeep Kumar Jena, Ld Ar Appeared For The Assessee & Shri M.K.Gautam ,Ld Cit Dr Appeared For The Revenue. M.K.Gautam ,Ld Cit Dr Appeared For The Revenue.

For Appellant: Shri Sandeep Kumar Jena, ARFor Respondent: Shri M.K.Gautam, CIT
Section 144Section 263

Sanjay Sharma, Greater Noida vs. ACIT, Noida

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

ITA 741/DEL/2022[2012-13]Status: DisposedITAT Delhi27 Feb 2023AY 2012-13

Bench: Shri Kul Bharat[Assessment Year : 2012-13] Sanjay Sharma, Vs Acit, Flat 4063, Ats Paradiso, Noida. Sec-Chi-04, Greater Noida, Gautam Budh Nagar, Uttar Pradesh-201308. Pan-Amkps9185L Appellant Respondent Appellant By Shri Jai Bhagwan Sharma, Ca Respondent By Shri Sanjay Nargas, Sr.Dr Date Of Hearing 15.02.2023 Date Of Pronouncement 27.02.2023 Order Per Kul Bharat, Jm : The Present Appeal Filed By The Assessee For The Assessment Year 2012-13 Is Directed Against The Order Of Ld. Cit(A), National Faceless Appeal Centre (“Nfac”), Delhi Dated 23.12.2021. 2. The Assessee Has Raised Following Ground Of Appeal:- 1. “In The Instant Case The Appellant Assessee While Submitting The Income Tax Return For The Financial Year Ended On 31-03-2012 (Relevant To The Asst. Year 2012-13) Inadvertently Forgotten To Submit The Details For Claiming Exemption U/S. 54 Of The Income Tax Act, 1961 & Did Not Mentioned The Details Of Sale Of Residential House Property & Utilization Of Long-Term Capital Gain Arising Out Of Sale Of Residential House Property In The Purchase Of Another/New Residential House Property. Consequently, Income Demand Of Rs. 5,61,107/- Was Raised Against The Appellant Assessee Followed By The Penalty Proceedings U/S. 271(1)(C) Of The Income Tax Act, 1961

Section 144Section 271(1)(c)Section 54