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

Muthukumar Murugesan, Chennai vs. ACIT Non Corp Cir 11(1), Chennai

In the result, the appeal filed by the assessee is dismissed

ITA 292/CHNY/2021[2017-18]Status: DisposedITAT Chennai21 Sept 2022AY 2017-18

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No.292/Chny/2021 िनधा"रण वष"/Assessment Year: 2017-18 Shri Muthukumar Murugesan, Vs. The Assistant Commissioner Of 31, Anjugam Street, Meenatchi Income Tax, Amman Nagar,Alwarthirunagar, Non Corporate Circle 11(1), Chennai 600 087. Chennai 600 034. [Pan:Aompm8457K] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : None ""थ" की ओर से/Respondent By : Shri S. Chandrasekaran, Jcit सुनवाई की तारीख/ Date Of Hearing : 19.09.2022 घोषणा की तारीख /Date Of Pronouncement : 21.09.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Assessment Order Passed Under Section 144 Of The Income Tax, 1961 [“Act” In Short] Dated 30.12.2019 For The Assessment Year 2017-18 By The Assessing Officer Without Filing The Appeal Before The Ld. Commissioner Of Income Tax (Appeals). The Grounds Of Appeal Filed By The Assessee Relates To Quantum Addition, Whereas, The Form 36, Under Column No. 6 – Section & Sub-Section Under Which The Original Order Is Passed, The Assessee Has Mentioned Section 271(1)(B) Or 271B Of The Act Relates To 2

For Appellant: NoneFor Respondent: Shri S. Chandrasekaran, JCIT
Section 144Section 271(1)(b)

Cellan Gunaseelan, Chennai vs. ACIT Non Corporate Circle 3(1), Chennai

In the result, the appeal filed by the assessee is partly allowed

ITA 2717/CHNY/2017[2011-12]Status: DisposedITAT Chennai20 Sept 2022AY 2011-12

Bench: Shri Mahavir Singhand Shri G. Manjunathaआयकरअपीलसं./Ita No.: 2717/Chny/2017 िनधा"रण वष"/Assessment Year: 2011 - 12 Shri Cellan Gunaseelan, The Acit, No.6, Jayammal Road, Vs. Non-Corporate Circle 3(1), Teynampet, Chennai. Chennai – 600 018. Pan: Aampg 2229F (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri S. Sridhar, Advocate ""यथ" क" ओर से/Respondent By : Shri Chinthapalli Mehar Chand, Jcit सुनवाई क" तार"ख/Date Of Hearing : 20.09.2022 घोषणा क" तार"ख/Date Of Pronouncement : 20.09.2022 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals)-4, Chennai, In Ita No.141/2016-17/A.Y.2011-12/Cit(A)-4 Dated 27.09.2017. The Assessment Was Framed By The Acit, Non-Corporate Circle 3(1), Chennai For The Assessment Year 2011-12 U/S.147 (3) R.W.S 144 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 27.09.2017. 2. The First Issue In This Appeal Of Assessee Is As Regards To Reopening Of Assessment & Assumption Of Jurisdiction By The Ao U/S.147 Of The Act, Confirmed By The Cit(A). At The Outset, The Ld.Counsel For The Assessee Has Not Pressed This Issue & Hence, The Same Is Dismissed As Not-Pressed.

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri Chinthapalli Mehar Chand, JCIT
Section 147Section 45Section 54F