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

Income Tax Officer, Ward - 03(1), Varanasi vs. Smt. Rachana Arora, New Delhi

In the result, the appeal of the Department is dismissed being withdrawn as the assessee has settled the tax dispute under Vivad Se Vishwas Scheme, 2020

ITA 133/VNS/2020[2012-2013]Status: DisposedITAT Varanasi06 Jul 2022AY 2012-2013

Bench: Shri.Vijay Pal Rao & Shri Ramit Kocharassessment Year: 2012-13 Sh. Kaushal Kumar Srivastava, V. Smt. Archana Arora, Income Tax Officer, Ward-3(1), A-221 Second Floor, Defence Varanasi Colony, New Delhi Pan-Abspa7029A (Department) (Respondent) Department By: Sh. A.K. Singh, Sr. Dr Respondent By: None Date Of Hearing: 06.07.2022 Date Of Pronouncement: 06.07.2022 O R D E R Per Vijay Pal Rao, J.M. This Appeal By The Revenue Is Directed Against The Order Dated 08.09.2020 Of Cit(A) For The Assessment Year 2012-13. 2. At The Time Of Hearing, Learned Sr. Dr Has Submitted That The Assessee Has Opted For Vivad Se Vishwas Scheme, 2020 To Settle The Tax Dispute For The Year Under Consideration & The Competent Authority Has Issued Form No. 5 Under Vivad Se Vishwas Scheme, 2020 On 3.3.2022. The Learned Sr. Dr Has Filed A Copy Of Form No. 5 Issued By The Competent Authority. Thus, The Learned Sr. Dr Has Submitted That This Appeal Of The Revenue May Be Allowed To Be Withdrawn & Consequentially The Same May Be Dismissed As Withdrawn. 3. Having Considered The Submissions Of The Learned Sr. Dr & Carefully Gone Through The Form No. 5 Issued By The Competent Authority Dated 3.3.2022, We Find That The Assessee Has Opted For Vivad Se Vishwas Scheme, 2020 To Settle The Tax Dispute For The Assessment Year Under Consideration. The Present Appeal Smt. Archana Arora

For Respondent: Sh. A.K. Singh, Sr. DR
Section 147

Muthusamy Madhanagopal, Coimbatore vs. The PCIT, Coimbatore

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

ITA 142/CHNY/2021[2011-12]Status: DisposedITAT Chennai01 Jul 2022AY 2011-12

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No. 142/Chny/2021 िनधा"रण वष"/Assessment Year:2011-12 Mr. Muthusamy Madhanagopal, The Principal Commissioner Of 2/12, Indhu Nagar, Vilankurichi, Vs. Income Tax-1, Coimbatore 641 035. Coimbatore. [Pan:Ahtpm0258Q] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri B. Ramakrishnan, F.C.A. ""थ" की ओर से/Respondent By : Shri M. Rajan, Cit सुनवाई की तारीख/ Date Of Hearing : 09.05.2022 घोषणा की तारीख /Date Of Pronouncement : 01.07.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Principal Commissioner Of Income Tax-1, Coimbatore, Dated 25.02.2021 Relevant To The Assessment Year 2011-12. 2. The Appeal Filed By The Assessee Is Delayed By 7 Days In Filing The Appeal Before The Tribunal, For Which, The Assessee Has Filed A Petition For Condonation Of The Delay In The Form Of An Affidavit, To Which; The Ld. Dr Has Not Raised Any Serious Objection. Consequently, Since The Assessee Was Prevented By Sufficient Cause, The Delay Of Seven Days In Filing Of The 2

For Appellant: Shri B. Ramakrishnan, F.C.AFor Respondent: Shri M. Rajan, CIT
Section 132Section 144Section 148Section 263Section 69A