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

M/S. Acclaim Industries Limited, Mumbai vs. Addl. Commissioner of Income-Tax, Range -9, Pune

In the result, appeal of the assessee is dismissed

ITA 915/PUN/2019[2011-12]Status: DisposedITAT Pune17 Oct 2022AY 2011-12

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकर अपील सं. / Ita No.915/Pun/2019 िनधा"रण वष" / Assessment Year : 2011-12 M/S.Acclaim Industries Limited, The Additional 207, Shivaji Industrial Estate, Vs Commissioner Of Andheri Kurla Road, Saki Naka, Income-Tax, Range - 9, Andheri(East), Mumbai – 400072. Pune. Pan: Aaacm 7494 B Appellant/ Assessee Respondent /Revenue Assessee By Shri Prateek Jha - Ar Revenue By Shri Sardar Singh Meena - Cit Date Of Hearing 26/07/2022 Date Of Pronouncement 17/10/2022 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of Ld.Commissioner Of Income Tax(Appeals)-9, Pune, Dated 05.06.2017 For The A.Y. 2011-12. The Assessee Has Raised The Following Grounds Of Appeal: “1 (I) The Ld Cit(A) Erred In Upholding The Assessment Made Ex- Parte U/S.144 Ignoring The Fact That The Ld Ao Had Not Considered The Financial Statements Which Were Duly Audited. - 1 (Ii) The Ld Cit(A) Erred In Deciding The Assessee’S Appeal Without Obtaining The Report Of The Ld Ao Whom He Had Forwarded The Additional Evidences For Verification & Report. - 2(I) The Ld.Cit(A)Erred In Confirming The Estimation Of Net Profit At The Rate Of 5% Of Gross Sale Without Appreciating That The Books Of Account Were Duly Audited & The Estimation Of Profit Was Made Without Any Basis & Arbitrarily. - Rs.2,80,69,590/-

Section 133(6)Section 144Section 68Section 69

Balmukund Dhirajlal Jivrani, Banaskantha vs. The ITO, Ward-4, Palanpur

In the result, assessee’s appeal is allowed for statistical purposes

ITA 494/AHD/2020[2011-12]Status: DisposedITAT Ahmedabad14 Oct 2022AY 2011-12

Bench: Shri Pramod M. Jagtap & Ms. Madhumita Royआयकर अपील सं./I.T.A. No. 494/Ahd/2020 ("नधा"रण वष" / Assessment Year : 2011-12) Balmukund Dhirajlal Ito बनाम/ Ward – 4, Jivrani Vs. Shihori, Banaskantha, Gathaman Gate, Banaskantha, Palanpur Gujarat - 385550 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Alppj3752N .. (अपीलाथ" /Appellant) (""यथ" / Respondent) None अपीलाथ" ओर से /Appellant By : ""यथ" क" ओर से/Respondent By : Shri Shramdeep Sinha, Sr. D.R. सुनवाई क" तार"ख / Date Of 22/07/2022 Hearing घोषणा क" तार"ख /Date Of 14/10/2022 Pronouncement O R D E R Per Ms. Madhumita Roy - Jm: The Instant Appeal Filed By The Assessee Is Directed Against The Order Dated 18.08.2020 Passed By The Ld. Commissioner Of Income Tax (Appeals) – 4, Ahmedabad Arising Out Of The Order Dated 22.12.2018 Passed By The Ito, Ward-4, Palanpur Under Section 147 Read With Section 144 Of The Income Tax Act, 1961 (Hereinafter Referred As To ‘The Act’) For Assessment Year 2011-12. Ita No. 494/Ahd/2020 (Balmukund D. Jivrani Vs. Ito) A.Y.– 2011-12 - 2 - 2. None Appeared On Behalf Of The Assessee At The Time Of Call Inspite Of Notices Served Upon The Assessee.

For Respondent: Shri Shramdeep Sinha, Sr. D.R
Section 144Section 147Section 148