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

Assam Infrastructure Financing Authority, Guwahati vs. The Deputy Commissioner of Income Tax, Circle - 2 (Exemption), Kolkata

The appeal of the assessee is allowed

ITA 1223/KOL/2024[2015-16]Status: DisposedITAT Kolkata22 Apr 2025AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Sanjay Awasthii.T.A. No.1223/Kol/2024 Assessment Year: 2015-16 Assam Infrastructure Financing Authority……......………………....Appellant 3Rd Floor, Block F, Finance Department, Govt. Of Assam, Assam Sachivalaya, Assam – 781006. [Pan: Aacaa9405E] Vs. Dcit, Circle-2(Exemption), Kolkata......................................…..…..... Respondent Appearances By: Shri Ramesh Goeka, Ar, Appeared On Behalf Of The Appellant. Shri S. Datta, Cit-Dr, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : April 17, 2025 Date Of Pronouncing The Order : April 22, 2025 आदेश / Order Per Sonjoy Sarma: The Present Appeal Has Been Preferred By The Assessee Against The Order Dated 31.03.2024 Of The National Faceless Appeal Centre [Hereinafter Referred To As ‘Cit(A)’] Passed U/S 250 Of The Income Tax Act (Hereinafter Referred To As The ‘Act’). 2. Brief Facts Of The Case Are That The Assessee Is A Society & Is Registered Under Indian Societies Act, 1860 Vide Certificate Dated 19.12.2009. The Society Was Incorporated With Cabinet Approval Of Govt. Of Assam Vide Notification No.Bw-10/2008/73 Dated 06.10.2009. The Society Is Registered U/S 12A Of The Act Vide Order For Provisional Registration Is Form 10Ac Issued By Income Tax Department On 06.04.2022 From The Period From A.Y 2022-23 To A.Y 2024-25. As Per The Memorandum Of Association, The Assessee Was Created For Implementation Of Major Infrastructure Projects In The State Of Assam.

Section 12ASection 139Section 143(2)Section 148Section 148ASection 250

Deohara Co-Operative Cane Development Union Limited, Bijnor vs. ITO, Ward-3(1), Bijnor

In the result, appeals of the assessee in Appeal Nos

ITA 2852/DEL/2024[2018-19]Status: DisposedITAT Delhi22 Apr 2025AY 2018-19

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwalita No.2851/Del/2024 (Assessment Year 2018-19) The Income Tax Seohara Co-Operative Cane Officer, Development Union Vs. Ward-3(1), Limited, 34-Station Road, Nazibabad-1, Up Seohara, Bijnor-246746. Pan-Aabas4970K (Appellant) (Respondent) Assessee By Shri Gurneet, Adv. Department By Shri Sahil Kumar Bansal, Sr. Dr Date Of Hearing 17/04/2025 Date Of Pronouncement 17/04/2025 O R D E R Per Bench: These Three Appeals Are Filed By The Assessee Against Three Separate Order Of The Ld. Commissioner Of Income Tax (Appeals) [Cit(A)], National Faceless Appeal Centre (Nfac) & All Are Dated 23.3.2024 For Ay 2018-19 Passed U/S 250 Of The Income Tax Act, 1961 (The Act). Seohara Co-Operative Cane Development Union India Vs. Ito 2. As All The Three Appeals Are Related To One Assessment Year Against Three Seperate Orders Passed U/S 144 R.W.S. 144B & Consequential Penalty Order U/S 270A & 271B Of The Act, Wherein The Ld. Cit(A) Has Dismissed The Appeals Filed By The Assessee On Account Of Delay In Filing The Respective Appeals. Since The Grounds Raised By The Assessee Relating To Dismissal Of Appeals Without Condoning The Delay In Filing, Thus All The Three Appeals Are Taken Together & Disposed Off By A Single Order.

Section 144Section 250Section 270ASection 271BSection 44A

Seohara Co-Operative Cane Development Union Limited, Bijnor vs. ITO Ward 3(1), Bijnor

In the result, appeals of the assessee in Appeal Nos

ITA 2851/DEL/2024[2018-19]Status: DisposedITAT Delhi22 Apr 2025AY 2018-19

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwalita No.2851/Del/2024 (Assessment Year 2018-19) The Income Tax Seohara Co-Operative Cane Officer, Development Union Vs. Ward-3(1), Limited, 34-Station Road, Nazibabad-1, Up Seohara, Bijnor-246746. Pan-Aabas4970K (Appellant) (Respondent) Assessee By Shri Gurneet, Adv. Department By Shri Sahil Kumar Bansal, Sr. Dr Date Of Hearing 17/04/2025 Date Of Pronouncement 17/04/2025 O R D E R Per Bench: These Three Appeals Are Filed By The Assessee Against Three Separate Order Of The Ld. Commissioner Of Income Tax (Appeals) [Cit(A)], National Faceless Appeal Centre (Nfac) & All Are Dated 23.3.2024 For Ay 2018-19 Passed U/S 250 Of The Income Tax Act, 1961 (The Act). Seohara Co-Operative Cane Development Union India Vs. Ito 2. As All The Three Appeals Are Related To One Assessment Year Against Three Seperate Orders Passed U/S 144 R.W.S. 144B & Consequential Penalty Order U/S 270A & 271B Of The Act, Wherein The Ld. Cit(A) Has Dismissed The Appeals Filed By The Assessee On Account Of Delay In Filing The Respective Appeals. Since The Grounds Raised By The Assessee Relating To Dismissal Of Appeals Without Condoning The Delay In Filing, Thus All The Three Appeals Are Taken Together & Disposed Off By A Single Order.

Section 144Section 250Section 270ASection 271BSection 44A

Seohara Co-Operative Cane Development Union Limited, Bijnor vs. ITO Ward 3(1), Bijnor

In the result, appeals of the assessee in Appeal Nos

ITA 2850/DEL/2024[2018-19]Status: DisposedITAT Delhi22 Apr 2025AY 2018-19

Bench: Shri Yogesh Kumar U.S. & Shri Manish Agarwalita No.2851/Del/2024 (Assessment Year 2018-19) The Income Tax Seohara Co-Operative Cane Officer, Development Union Vs. Ward-3(1), Limited, 34-Station Road, Nazibabad-1, Up Seohara, Bijnor-246746. Pan-Aabas4970K (Appellant) (Respondent) Assessee By Shri Gurneet, Adv. Department By Shri Sahil Kumar Bansal, Sr. Dr Date Of Hearing 17/04/2025 Date Of Pronouncement 17/04/2025 O R D E R Per Bench: These Three Appeals Are Filed By The Assessee Against Three Separate Order Of The Ld. Commissioner Of Income Tax (Appeals) [Cit(A)], National Faceless Appeal Centre (Nfac) & All Are Dated 23.3.2024 For Ay 2018-19 Passed U/S 250 Of The Income Tax Act, 1961 (The Act). Seohara Co-Operative Cane Development Union India Vs. Ito 2. As All The Three Appeals Are Related To One Assessment Year Against Three Seperate Orders Passed U/S 144 R.W.S. 144B & Consequential Penalty Order U/S 270A & 271B Of The Act, Wherein The Ld. Cit(A) Has Dismissed The Appeals Filed By The Assessee On Account Of Delay In Filing The Respective Appeals. Since The Grounds Raised By The Assessee Relating To Dismissal Of Appeals Without Condoning The Delay In Filing, Thus All The Three Appeals Are Taken Together & Disposed Off By A Single Order.

Section 144Section 250Section 270ASection 271BSection 44A

Babli Devi, Village Narla, P.O. Kunnu vs. Income Tax Officer, Aayakar Bhawan, Bhiuli

The appeal stand partly allowed in terms of our above order

ITA 157/CHANDI/2024[2017-18]Status: DisposedITAT Chandigarh21 Apr 2025AY 2017-18

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No.157/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2017-18) Ms. Babli Devi Ito, Mandi (D/O Mool Singh) बनाम/ District Mandi Village Narla, P.O.Kunnu, Tehsil Padhar Hp-175001. Vs. District Mandi (Hp) 175012 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Blepd-5225-Q (अपीलाथ"/Appellant) (""थ" / Respondent) : अपीलाथ"कीओरसे/ Appellant By : Sh. Gaurav Thakur, (Ca) – Ld. Ar ""थ"कीओरसे/Respondent By : Sh. Vivek Vardhan (Addl. Cit) – Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 08-04-2025 घोषणाकीतारीख /Date Of Pronouncement : 21-04-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2017-18 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 07-09-2023 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 147 R.W.S. 144B Of The Act On 27-03-2022. The Sole Grievance Of The Assessee Is Confirmation Of Addition Of Cash Deposit For Rs.32.53 Lacs. Having Heard Rival Submissions & Upon Perusal Of Case Records, The Appeal Is Disposed-Off As Under.

For Appellant: Sh. Gaurav Thakur, (CA) – Ld. ARFor Respondent: Sh. Vivek Vardhan (Addl. CIT) – Ld. Sr. DR
Section 147Section 69A