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

Callus Biotech Private Limited, Kolhapur vs. Commissioner of Income-Tax (Appeals), Kolhapur

The appeal is allowed for statistical purposes in above terms

ITA 1009/PUN/2024[2020-2021]Status: DisposedITAT Pune22 Aug 2024AY 2020-2021

Bench: Hon’Ble Shri G. D. Padmahshali & Shri Vinay Bhamoreआयकर अपऩल सं. / Ita No. 1009/Pun/2024 निर्धारण वषा / Assessment Year : 2020-21 Callus Biotech Pvt. Ltd. R/S 735, A/P Kandgaon, Radha Nagari Rd., Tal: Karveer, Kolhapur-416001. Pan: Aadcc5440J . . . . . . . अपीलार्थी / Appellant बिधम / V/S National E-Asstt Centre, New Delhi. . . . . . . . प्रत्यर्थी / Respondent द्वधरध / Appearances Assessee By : Mr Rajendra Agiwal [‘Ld. Ar’] Revenue By : Mr Umashankar Prasad [‘Ld. Dr’] सुनवाई की तारीख / Date Of Conclusive Hearing : 22/08//2024 घोषणा की तारीख / Date Of Pronouncement : 22/08/2024 आदेश / Order Per G. D. Padmahshali, Am; The Assessee Is In Appeal Against Din & Order No. Itba/Nfac/S/250/2023- 24/1062466111(1) Dt. 12/03/2024 Passed U/S 250 Of Income-Tax Act, 1961 [‘The Act’ Hereafter] By National Faceless Appeal Centre, Delhi [‘Nfac’ Hereafter] Which In Turn Arisen Out Order Of Assessment Passed U/S 143 R.W.S. 144B Of The Act By The National E-Assessment Centre, New Delhi [‘Ao’ Hereinafter] Anent To Assessment Year 2020-21 [‘Ay’ Hereinafter].

For Appellant: Mr Rajendra Agiwal [‘Ld. AR’]For Respondent: Mr Umashankar Prasad [‘Ld. DR’]
Section 10(1)Section 143Section 143(2)Section 143(3)Section 2Section 250Section 270A

Kundarapalli Narashiman Natarajan, Krishnagiri vs. ITO, Ward-1, Krishnagiri

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1800/CHNY/2024[2017-18]Status: DisposedITAT Chennai21 Aug 2024AY 2017-18

Bench: Shri Mahavir Singhand Shri S.R. Raghunathaआयकर अपील सं./Ita No.:1800/Chny/2024 "नधा"रण वष"/Assessment Year:2017-18 Shri Kundarapalli Narashiman The Income Tax Officer, Natarajan, Vs. Ward-1, No.144, Madras Road New Pet, Krishnagiri. Krishnagiri – 635 001. Pan: Aempn 8708C (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri T.S. Lakshmi Venkatraman, F.C.A ""यथ" क" ओर से/Respondent By : Shri R.Clement Ramesh Kumar,Cit सुनवाई क" तार"ख/Date Of Hearing : 21.08.2024 घोषणा क" तार"ख/Date Of Pronouncement : 21.08.2024 आदेश /O R D E R Per Bench: This Appeal By The Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeal), National Faceless Appeal Centre, Delhi In Order No.Itba/Nfac/S/250/2024-25/1064419040 (1) Dated 29.04.2024. The Assessment Was Framed By The Assessing Officer, National Faceless Assessment Centre, Delhi For The Assessment Year 2017-18 U/S.147 R.W.S. 144 R.W.S 144B Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 24.03.2022. 2. The Common Issue In This Appeal Of Assessee Is As Regards To Estimating Income By Applying Profit Rate Of 8% By Treating The Deposits Made As Turnover For An Amount Of Rs.13,20,33,640/-And Also Addition Made By Ao Of Cash Deposits Made During Demonetization Period In Specified Bank Notes Amounting To Rs.1,65,28,590/- Added U/S.69A R.W.S. 115Bbe Of The Act Without Providing Reasonable Opportunity Of Being Heard To The Assessee & Also The Order Of Cit(A)-Nfac Is Dismissal For Default On The Part Of The Assessee & No Adjudication On Merits.

For Appellant: Shri T.S. Lakshmi Venkatraman, F.C.A ""For Respondent: Shri R.Clement Ramesh Kumar,CIT
Section 144Section 144BSection 147Section 69A