Section 144B of the Income Tax Act

Income-tax Act, 2025: s.273

Section 144B of the Income-tax Act, 1961 corresponds to section 273 (Faceless Assessment) of the Income-tax Act, 2025.

Read section 273 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 144B is Malabar Industrial Co. Ltd. v. CIT (243 ITR 83), cited in 2,943 of the 10,521 judgments on BharatTax that turn on this section.

Leading authorities on Section 144B

Malabar Industrial Co. Ltd. v. CIT
243 ITR 83 · 2000 · Supreme Court
2,943
citing judgments

For revision under Section 263, the Assessing Officer's order must be both erroneous and prejudicial to the interests of the revenue; if either condition is not met, the revisionary jurisdiction cannot be invoked. An order is not erroneous merely because the Assessing Officer did not record the details of enquiries conducted, provided due enquiries were made.

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.

CIT v. Max India Ltd.
295 ITR 282 · 2007 · Supreme Court
1,162
citing judgments

Under Section 263, an assessment order is not erroneous and prejudicial to the interest of the revenue merely because the Principal Commissioner disagrees with the Assessing Officer's (AO) view, particularly if the AO has adopted one of two permissible views in law, unless that view is completely unsustainable. If due inquiries were made, the AO's order does not become erroneous solely because the fact of inquiries was not recorded.

CIT v. Gabriel India Ltd.
203 ITR 108 · 1993 · High Court
990
citing judgments

The Commissioner cannot revise an assessment order under Section 263 merely because they hold a different opinion or believe a deeper inquiry was warranted if the Assessing Officer has applied their mind and conducted some inquiry. Revision under Section 263 is permissible only in cases of a complete lack of inquiry or non-application of mind by the Assessing Officer, not for merely inadequate inquiry.

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. Jet Airways (I) Ltd.
331 ITR 236 · 2011 · High Court
694
citing judgments

The Assessing Officer loses jurisdiction and the entire reassessment becomes invalid if no addition is made in respect of the income that formed the basis of the reopening. Explanation 3 to Section 147 does not permit assessing other escaped income unless an addition is made for the original income forming the reason to believe.

Rampyari Devi Saraogi v. CIT
67 ITR 84 · 1968 · Supreme Court
616
citing judgments

An assessment order is erroneous and prejudicial to the Revenue's interests if the Assessing Officer accepts a sum offered as income by an assessee, even when that sum was not actually earned, thereby allowing revision under Section 263.

Gee Vee Enterprises v. Addl. CIT
99 ITR 375 · 1975 · High Court
543
citing judgments

An assessment order is erroneous and prejudicial to the interest of revenue if the Assessing Officer fails to make proper inquiries before accepting the assessee's statements or claims. The Commissioner can revise such an order under Section 263 without conducting further inquiries himself.

Tumkur Merchants Souharda Credit Cooperative Ltd. v. ITO
230 Taxmann 309 · 2015 · High Court
527
citing judgments

A cooperative society is eligible for deduction under Section 80P(2)(a)(i) if it is engaged in cooperative activities. It also clarifies the allowability of deduction under Section 80P(2)(d) for interest income received from investments made in cooperative banks, after duly considering the Supreme Court's decision in Totgars Co-operative Sale Society Ltd.

Union of India v. Ashish Agarwal
444 ITR 1 · 2022 · Supreme Court
524
citing judgments

Notices issued under the unamended Section 148 of the Income-tax Act between April 1, 2021, and May 4, 2022, must be treated as notices issued under the new Section 148A(b) of the amended law. This requires the Assessing Officer to follow the procedure prescribed under the amended reassessment provisions, including issuing an order under Section 148A(d) before a fresh notice under Section 148.

Judgments on Section 144B

Claritrics India Private Limited, Chennai vs. DCIT Corporate Circle 1(1), Chennai

In the result, the appeal of the Assessee is treated as allowed for statistical purposes

ITTPA 84/CHNY/2024[2021-22]Status: DisposedITAT Chennai04 Aug 2025AY 2021-22

Bench: Shri Manu Kumar Giri & Shri Amitabh Shuklaआयकर अपील सं./ It(Tp)A No.84/Chny/2024 (िनधा"रणवष" / Assessment Year: 2021-22) M/S. Claritrics India Private Limited, Dcit बनाम 46/50, Indira Nagar Main Road, Corporate Circle (1), Opposite To Ann Hospital, Chennai. / Vs. Valasaravakkam, Chennai-600 087. "ायीलेखासं./जीआइआरसं./Pan/Tan No. Aahcc-6213-H (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri S. Sridhar, (Advocate) – Ld.Ar ""थ"कीओरसे/Respondent By : Shri Ar.V. Sreenivasan (Cit) -Ld. Sr.Dr सुनवाईकीतारीख/Date Of Hearing : 08-05-2025 घोषणाकीतारीख /Date Of Pronouncement : 04-08-2025 आदेश / O R D E R Per Manu Kumar Giri, Jm: This Appeal By The Assessee Is Arising Out Of The Order Of The Deputy Commissioner Of Income Tax, Corporate Circle (1), Chennai Passed U/S.143(3) R.W.S. 144C(13) R.W.S 144B Of The Income Tax Act, 1961 (In Short ‘’The Act’) Vide Order Dated 13.09.2024 For Assessment Year 2021-2022. 2. Facts Of The Case Are That The Assessee Filed Its Return Of Income On 14.03.2022 Declaring Total Income Of ₹.1,78,580/-. The Return Of Income Was Processed Under Section 143(1) (A) Of The Act On 24.08.2022 Determining Total Income At ₹.3,48,380/-. The Case Of The Assessee Was Selected For Complete Scrutiny To Verify The Issue Of Large Value Of International Transactions In Services Including Transactions Under Section 92B(2) (Having Transfer Pricing Risk Parameters). Accordingly, A Reference Under Section 92Ca(1) Of The Act In The Case

For Appellant: Shri S. Sridhar, (Advocate) – Ld.ARFor Respondent: Shri AR.V. Sreenivasan (CIT) -Ld. Sr.DR
Section 143(1)Section 143(3)Section 271GSection 92B(2)Section 92CSection 92D(3)

M/S. Zf Rane Automotive India Private Limited, Chennai vs. DCIT, Non Crop Cricle-8(1), Chennai

In the result, the appeal of the Assessee is treated as partly allowed for statistical purposes

ITTPA 53/CHNY/2024[2020-21]Status: DisposedITAT Chennai04 Aug 2025AY 2020-21

Bench: Shri Manu Kumar Giri & Shri Amitabh Shuklaआयकर अपील सं./ It(Tp)A No.53/Chny/2024 (िनधा"रणवष" / Assessment Year: 2020-21) M/S. Zf Rane Automotive India Dcit Private Limited, Non-Corporate Circle-8(1) बनाम Maithri, 132, Cathedral Road, Chennai. / Vs. Gopalapuram, Chennai-600 086. "ायीलेखासं./जीआइआरसं./Pan/Tan No. Aaacr-3147-C (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri S.P.Chidambaram (Advocate) – Ld.Ar ""थ"कीओरसे/Respondent By : Shri Ar.V. Sreenivasan (Cit) -Ld. Sr.Dr सुनवाईकीतारीख/Date Of Hearing : 06-05-2025 घोषणाकीतारीख /Date Of Pronouncement : 04-08-2025 आदेश / O R D E R Per Manu Kumar Giri, Jm: This Appeal By The Assessee Is Arising Out Of The Order Of The Deputy Commissioner Of Income Tax, Non-Corporate Circle-8(1), Chennai Passed U/S.143(3) R.W.S. 144C(13) R.W.S 144B Of The Income Tax Act, 1961 (In Short ‘’The Act’) Vide Order Dated 19.07.2024 For Assessment Year 2020-2021. 2. The Assessee Has Raised The Following Grounds Of Appeal: 2.1 Incorrect Treatment Of Export Incentives As Non-Operating Income While Computing Margins Of The Assessee 2.2 Incorrect Treatment Of Cash Discount As Non-Operating Income 2.3 Incorrect Treatment Of Certain Expenses As Non-Operating Expenses 2.4 Incorrect Treatment Of Miscellaneous Expenses As Non-Operating Expense

For Appellant: Shri S.P.Chidambaram (Advocate) – Ld.ARFor Respondent: Shri AR.V. Sreenivasan (CIT) -Ld. Sr.DR
Section 143(3)Section 234ASection 234C