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

Asstt. Commissioner of Income Tax, Panvel Circle, Panvel vs. Jmd Corporation of India Limited, Navi Mumbai

Appeal is dismissed for involving lower than the prescribed tax effect in above terms

ITA 5/PUN/2021[2011-12]Status: DisposedITAT Pune28 Jun 2022AY 2011-12

Bench: Shri S.S.Godara & Dr. Dipak P. Ripoteआयकरअपीलसं. / Ita No.05/Pun/2021 िनधा"रणवष" / Assessment Year : 2011-12 The Asst.Commissioner M/S.Jmd Corporation Of India Of Income Tax, Panvel Vs Limited, Circle, Panvel. . C-123, Steel Chamber Tower, Iron Market, Kalamboli, Navi Mumbai – 410218. Pan: Aaccj 1370 M Appellant/ Assessee Respondent /Revenue Assessee By None. Revenue By Shri S P Walimbe – Dr Date Of Hearing 24/06/2022 Date Of Pronouncement 28/06/2022 आदेश/ Order Per S.S.Godara, Jm: This Revenue’S Appeal For A.Y.2011-12 Is Directed Against The Commissioner Of Income Tax(Appeals)-2, Thane’S Order Dated 03.08.2020 Passed In Case No.10299/2017-18 In Proceedings U/S.144 R.W.S 147 Of The Income Tax Act, In Short “The Act”. None Appears At The Assessee’S Behest. 2. At The Outset, We Find From The Records That The Tax Effect In The Instant Appeal Is Rs.44,50,978/- Only As Per The Relevant Column In Form 36 Herein. We Thus Quote The Cbdt’S Circular No.17/2019 Dated 08-08-2019 Revising Upward The Monetary Limits For Filing Of Appeals By The Department In Income-Tax Cases Before Various Appellate Forums. The Earlier Circular No.03/2018 Dated 11-07-2018 Had Fixed Monetary Limit For Filing Of Appeals By The Revenue Before The Tribunal At Rs.20.00 Lakhs Which Stands Enhanced In The Circular

Section 144

Ria Cetp Co-Operative Society Ltd, Mumbai vs. ITO WD 1, Panvel

In the result, the appeal of the assessee is dismissed

ITA 1909/MUM/2021[2012-13]Status: DisposedITAT Mumbai28 Jun 2022AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Shri Om Prakash Kant, Am आयकर अपील सं/ I.T.A. No.1909/Mum/2021 (निर्धारण वर्ा / Assessment Years: 2012-13) Ria Cetp Co-Operative बिधम/ Ito, Ward-1 Society Ltd 3Rd Floor, Trifed Tower, Vs. Riacetp Co-Op. Ltd. Plot Opp. Khanda Colony, No.6, Bldg, Dhatav Midc New Panvel Roha C/O Adv. N. A. Kulkarni Wadal Building, 1St Floor, Near Dns Bank, Manpada Road, Dombivli (E)- 421201. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aabar0138A (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Shri Ashish Deharia (Sr. Ar) सुनवाई की तारीख / Date Of Hearing: 08/06/2022 घोषणा की तारीख /Date Of Pronouncement: 28/06/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Society Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) (Nfac), Delhi Dated 23.09.2021 For The Assessment Year 2012-13 Against Confirmation Of Penalty U/S 271(1)(B) Of The Income Tax Act, 1961 (Hereinafter “The Act”). 2. None Appeared For The Assessee. We Note That The Despite Listing The Appeal Several Times & Even Though Notices Were Issued, None Appeared For The Assessee. The Impugned Penalty Of Rs.20,000/- Has Been Confirmed By The Ld. Cit(A), Which Was Levied By The Ao For Failure Of Assessee To Comply/Respond To The Notices Issued By Him U/S 142(1) Of The Act. Even Though, Non-Appeared On Behalf Of Assessee

For Appellant: NoneFor Respondent: Shri Ashish Deharia (Sr. AR)
Section 142(1)Section 144Section 271(1)Section 271(1)(b)Section 274