← All Phrases

“dispute resolution panel”

Assessment ProceduresSection 144CSection 144C2,746 judgments

The decision most relied on for dispute resolution panel is Commissioner of Income Tax v. Roca Bathroom Products (P) ltd. (445 ITR 537), cited in 269 judgments on BharatTax.

Leading authorities on dispute resolution panel

Commissioner of Income Tax v. Roca Bathroom Products (P) ltd.
445 ITR 537 · 2022 · High Court
269
citing judgments

The time limit for the Assessing Officer to pass a final assessment order under Section 144C(13) following directions from the Dispute Resolution Panel is determined by the specific provisions of Section 153, particularly Section 153(2A).

Shelf Drilling 4. In ACIT (International Taxation) v. Shelf Drilling Ron Tappmeyer Ltd.
177 Taxmann.com 262 · 2025 · Supreme Court
216
citing judgments

The Supreme Court has not reached a majority verdict on whether the time spent in Dispute Resolution Panel (DRP) proceedings under Section 144C should be included within the overall limitation period prescribed by Section 153(3). Consequently, the legal position on the interplay between Sections 144C and 153 remains unresolved at the Supreme Court level.

Shelf Drilling Ron Tappmeyer Ltd. v. ACIT\n(Intl. Taxation)
153 Taxmann.com 162 · 2023 · High Court
169
citing judgments

The time consumed in proceedings before the Dispute Resolution Panel (DRP) under Section 144C must be subsumed within the limitation period prescribed under Section 153 for the completion of assessment, meaning these timelines are not mutually exclusive.

ESPN Star Sports Mauritius S.N.C. ET Compagnie v. Union of India
388 ITR 383 · 2016 · High Court
71
citing judgments

Failure to issue a draft assessment order under Section 144C(1) makes the final assessment order illegal and beyond jurisdiction. Non-compliance with Dispute Resolution Panel (DRP) directions renders the final assessment order bad in law.

Roca Bathroom Products (P.) Ltd. v. Dispute Resolution Panel-2
127 Taxmann.com 332 · 2021 · High Court
57
citing judgments

A High Court decision is binding on subordinate authorities like the Assessing Officer. The Assessing Officer erred in not following a prior jurisdictional High Court ruling and a Madras High Court ruling.

Vodafone India Services Pvt. Ltd. v. Addl. CIT & Ors.
361 ITR 531 · 2014 · High Court
40
citing judgments

Proceedings before the Dispute Resolution Panel (DRP) are a continuation of the assessment proceedings, not an appeal. The DRP's role is to act as a correcting mechanism, providing a second review of the proposed assessment order.

CIT v. Tata Power Solar Systems Ltd.
77 Taxmann.com 326 · 2017 · High Court
25
citing judgments

An assessee can withdraw a company from the list of comparables if it was inadvertently included and is not genuinely comparable.

S.A. Builders Ltd. v. CIT(Appeals)
338 ITR 482 · 2011 · High Court
23
citing judgments

The deletion of a disallowance under Section 36(1)(iii) by the Dispute Resolution Panel (DRP) is upheld when relied upon by other judgments.

Judgments citing dispute resolution panel

Bostik India Private Limited, Bangalore vs. Deputy Commissioner of Income Tax Circle-1(1)(2), Bangalore

In the result, the appeals filed by the assessee are allowed for statistical purposes

ITA 626/BANG/2017[2012-13]Status: DisposedITAT Bangalore10 May 2022AY 2012-13

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.837/Bang/2016 : Asst.Year 2011-2012 It(Tp)A No.626/Bang/2017 : Asst.Year 2012-2013 It(Tp)A No.2031/Bang/2017 : Asst.Year 2013-2014 M/S.Bostik India Private Limited The Deputy Commissioner Of No.124/4 & 124/4A, Income-Tax, Circle 1(1)(2) V. Bangalore. Kachanayakanahalli, Off: Hosur Road, Bommasandra Post, Anekal Taluk Bangalore – 560 099. Pan : Aabcb4627N. (Appellant) (Respondent) Appellant By : Sri.C.J.Brito, Ca Respondent By : Sri.Pradeep Kumar, Cit-Dr Date Of Pronouncement : 10.05.2022 Date Of Hearing : 04.05.2022 O R D E R Per George George K, Jm : These Appeals At The Instance Of The Assessee Are Directed Against Three Final Assessment Orders Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Years Are 2011-2012, 2012-2013 & 2013-2014. Common Issues Are Involved In These Appeals, Hence, These Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order.

For Appellant: Sri.C.J.Brito, CAFor Respondent: Sri.Pradeep Kumar, CIT-DR
Section 143(3)Section 92C

assessment years. 9. Aggrieved by the draft assessment orders for assessment years 2011-2012 to 2013-2014, the assessee filed objections before the Dispute Resolution Panel (DRP). The DRP passed orders giving directions to the TPO / AO. The DRP deleted the TP addition made towards `Commercial Services (IT Support

Bostik India Pvt Ltd, Bangalore vs. Deputy Commissioner of Income Tax Circle-1(1)(2), Bangalore

In the result, the appeals filed by the assessee are allowed for statistical purposes

ITA 2031/BANG/2017[2013-14]Status: DisposedITAT Bangalore10 May 2022AY 2013-14

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.837/Bang/2016 : Asst.Year 2011-2012 It(Tp)A No.626/Bang/2017 : Asst.Year 2012-2013 It(Tp)A No.2031/Bang/2017 : Asst.Year 2013-2014 M/S.Bostik India Private Limited The Deputy Commissioner Of No.124/4 & 124/4A, Income-Tax, Circle 1(1)(2) V. Bangalore. Kachanayakanahalli, Off: Hosur Road, Bommasandra Post, Anekal Taluk Bangalore – 560 099. Pan : Aabcb4627N. (Appellant) (Respondent) Appellant By : Sri.C.J.Brito, Ca Respondent By : Sri.Pradeep Kumar, Cit-Dr Date Of Pronouncement : 10.05.2022 Date Of Hearing : 04.05.2022 O R D E R Per George George K, Jm : These Appeals At The Instance Of The Assessee Are Directed Against Three Final Assessment Orders Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Years Are 2011-2012, 2012-2013 & 2013-2014. Common Issues Are Involved In These Appeals, Hence, These Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order.

For Appellant: Sri.C.J.Brito, CAFor Respondent: Sri.Pradeep Kumar, CIT-DR
Section 143(3)Section 92C

assessment years. 9. Aggrieved by the draft assessment orders for assessment years 2011-2012 to 2013-2014, the assessee filed objections before the Dispute Resolution Panel (DRP). The DRP passed orders giving directions to the TPO / AO. The DRP deleted the TP addition made towards `Commercial Services (IT Support

Bostik India Private Limited, Bangalore vs. DCIT, Bangalore

In the result, the appeals filed by the assessee are allowed for statistical purposes

ITA 837/BANG/2016[2011-12]Status: DisposedITAT Bangalore10 May 2022AY 2011-12

Bench: Shri George George K, Jm & Ms.Padmavathy S, Am It(Tp)A No.837/Bang/2016 : Asst.Year 2011-2012 It(Tp)A No.626/Bang/2017 : Asst.Year 2012-2013 It(Tp)A No.2031/Bang/2017 : Asst.Year 2013-2014 M/S.Bostik India Private Limited The Deputy Commissioner Of No.124/4 & 124/4A, Income-Tax, Circle 1(1)(2) V. Bangalore. Kachanayakanahalli, Off: Hosur Road, Bommasandra Post, Anekal Taluk Bangalore – 560 099. Pan : Aabcb4627N. (Appellant) (Respondent) Appellant By : Sri.C.J.Brito, Ca Respondent By : Sri.Pradeep Kumar, Cit-Dr Date Of Pronouncement : 10.05.2022 Date Of Hearing : 04.05.2022 O R D E R Per George George K, Jm : These Appeals At The Instance Of The Assessee Are Directed Against Three Final Assessment Orders Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Years Are 2011-2012, 2012-2013 & 2013-2014. Common Issues Are Involved In These Appeals, Hence, These Appeals Were Heard Together & Are Being Disposed Of By This Consolidated Order.

For Appellant: Sri.C.J.Brito, CAFor Respondent: Sri.Pradeep Kumar, CIT-DR
Section 143(3)Section 92C

assessment years. 9. Aggrieved by the draft assessment orders for assessment years 2011-2012 to 2013-2014, the assessee filed objections before the Dispute Resolution Panel (DRP). The DRP passed orders giving directions to the TPO / AO. The DRP deleted the TP addition made towards `Commercial Services (IT Support

Black Knight India Solutions Private Limited, Hyderabad vs. Assistant Commissioner of Income Tax, Circle-1(1)(2), Bangalore

In the result, the appeal filed by assessee stands allowed on ground no

ITA 230/BANG/2021[2016-17]Status: DisposedITAT Bangalore29 Apr 2022AY 2016-17

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiit(Tp)A No. 230/Bang/2021 Assessment Year : 2016-17 M/S. Black Knight India Solutions Pvt. Ltd., The Assistant 6-3-1192-2-1, Htc Commissioner Of Towers, Kundanbagh, Income Tax, Begumpet, Circle – 1(1)(2), Hyderabad, Vs. Bangalore. Telangana – 500 016. Pan: Aaccl2956K Appellant Respondent : Shri S.P. Chidambaram, Assessee By Advocate : Shri Sumer Singh Meena, Cit Revenue By Dr Date Of Hearing : 26-04-2022 Date Of Pronouncement : 29-04-2022 Order Per Beena Pillaipresent Appeal Arises Out Of The Final Assessment Order Dated 30.03.2021 Passed By The Ld.Ao In National E-Assessment For Assessment Year 2016-17 On Following Grounds Of Appeal: “1. That On The Facts & Circumstances Of The Case, The Final Assessment Order Dated 30 March 2021 (And Received By The Appellant On 30 March 2021) Passed By The Additional / Joint / Deputy / Assistant Commissioner Of Income Tax/ Income-Tax Officer, National E-Assessment

For Respondent: Shri S.P. Chidambaram
Section 144Section 144C(5)Section 92C

read with sections 143(3A) & 143(3B) of the Income-tax Act, 1961 ('Act'), pursuant to the directions dated 5 February 2021 by Dispute Resolution Panel, Bangalore ('DRP') u/s 144C(5) of the Act and read with order dated 22 October 2019 issued by Transfer Pricing Officer ('TPO') u/s 92CA

Alcon Laboratories India Pvt Ltd, Bangalore vs. Income Tax Officer Ward-1(1)(4), Bangalore

In the result the appeal filed by the assessee stands allowed as indicated herein above

ITA 726/BANG/2017[2012-13]Status: DisposedITAT Bangalore29 Apr 2022AY 2012-13

Bench: Shri. B.R. Baskaran & Smt. Beena Pillaiit(Tp)A No. 726/Bang/2017 Assessment Year : 2012-13 M/S. Alcon Laboratories (India) The Deputy Pvt. Ltd., Commissioner Of 11Th Floor, Rmz Azure, Income Tax, Bellary Road, Hebbal, Circle – 1(1)(1), Bangalore – 560 092. Vs. Bangalore. Pan: Aacca3430F Appellant Respondent : Shri Percy Pardiwala, Sr. Assessee By Advocate : Dr. Manjunath Karkihalli, Cit Revenue By (Dr) Date Of Hearing : 12-04-2022 Date Of Pronouncement : 29-04-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against The Final Assessment Order Dated 23/01/2017 Passed By The Ld.Ito, Ward-1(1)(4), Bangalore For Assessment Year 2012-13 On Following Revised Grounds Of Appeal: “Based On The Facts & Circumstances Of The Case & In Law, Alcon Laboratories (India) Private Limited (Hereinafter Referred To As "Appellant”), Respectfully Craves Leave To Prefer An Appeal Against The Order Passed By The Learned Assessing Officer [Hereinafter Referred To As The "Learned Ao”] In Pursuance To The Directions Issued By Hon'Ble

For Respondent: Shri Percy Pardiwala, Sr
Section 143(3)Section 144C

learned AO”] in pursuance to the directions issued by Hon'ble Page 2 of 20 IT(TP)A No. 726/Bang/2017 Dispute Resolution Panel (“DRP”), under section 143(3) read with section 144C of the Income-tax Act. 1961 ('the Act") on the following grounds: That on the facts and circumstances

M/S Adc India Communications Limited, Bangalore vs. Asst.C.I.T., Bangalore

In the result, the appeal filed by the assessee is partly allowed and the appeal preferred by the Revenue is partly allowed for statistical purposes

ITA 79/BANG/2016[2011-12]Status: DisposedITAT Bangalore29 Apr 2022AY 2011-12

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(Tp)A No.41/Bang/2016 : Asst.Year 2011-2012 The Assistant Commissioner Of M/S.Adc India Income-Tax, Circle 1(1)(1) Communications Limited, V. Bangalore. 485/8A & 8B, 14Th Cross, 4Th Phase, P.B.No.8512, Peenya Industrial Area Bangalore – 560 058. Pan : Aaack6553H. (Appellant) (Respondent) It(Tp)A No.79/Bang/2016 : Asst.Year 2011-2012 M/S.Adc India Communications The Assistant Commissioner Limited, 485/8A & 8B, 14Th Cross, Of Income-Tax, Circle 1(1)(1) V. 4Th Phase, P.B.No.8512, Peenya Bangalore. Industrial Area Bangalore – 560 058. (Appellant) (Respondent) Revenue By : Sri.Rajesh Kumar Jha, Cit-Dr Assessee By : Sri.Aliasagar Rampurawala, Ca Date Of Pronouncement : 29.04.2022 Date Of Hearing : 13.04.2022

For Appellant: Sri.Aliasagar Rampurawala, CAFor Respondent: Sri.Rajesh Kumar Jha, CIT-DR
Section 143(3)Section 37(1)Section 40Section 40A(7)Section 9

reason that this company is into manufacturing and distribution activities and no segmental details is available for the distribution activities. 3.1 The Dispute Resolution Panel (DRP) directed the AO / TPO to include Dandapani & Co. in the list of comparables. The DRP examined the segmental details and observed that the said

Asst.C.I.T., Bangalore vs. M/S Adc India Communications Ltd., Bangalore

In the result, the appeal filed by the assessee is partly allowed and the appeal preferred by the Revenue is partly allowed for statistical purposes

ITA 41/BANG/2016[2011-12]Status: DisposedITAT Bangalore29 Apr 2022AY 2011-12

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(Tp)A No.41/Bang/2016 : Asst.Year 2011-2012 The Assistant Commissioner Of M/S.Adc India Income-Tax, Circle 1(1)(1) Communications Limited, V. Bangalore. 485/8A & 8B, 14Th Cross, 4Th Phase, P.B.No.8512, Peenya Industrial Area Bangalore – 560 058. Pan : Aaack6553H. (Appellant) (Respondent) It(Tp)A No.79/Bang/2016 : Asst.Year 2011-2012 M/S.Adc India Communications The Assistant Commissioner Limited, 485/8A & 8B, 14Th Cross, Of Income-Tax, Circle 1(1)(1) V. 4Th Phase, P.B.No.8512, Peenya Bangalore. Industrial Area Bangalore – 560 058. (Appellant) (Respondent) Revenue By : Sri.Rajesh Kumar Jha, Cit-Dr Assessee By : Sri.Aliasagar Rampurawala, Ca Date Of Pronouncement : 29.04.2022 Date Of Hearing : 13.04.2022

For Appellant: Sri.Aliasagar Rampurawala, CAFor Respondent: Sri.Rajesh Kumar Jha, CIT-DR
Section 143(3)Section 37(1)Section 40Section 40A(7)Section 9

reason that this company is into manufacturing and distribution activities and no segmental details is available for the distribution activities. 3.1 The Dispute Resolution Panel (DRP) directed the AO / TPO to include Dandapani & Co. in the list of comparables. The DRP examined the segmental details and observed that the said

Novell Software Development (India) Private Limited, Bangalore vs. ITO, Bangalore

In the result, appeal filed by assessee stands allowed and appeal filed by the revenue stands dismissed

ITA 319/BANG/2016[2011-12]Status: DisposedITAT Bangalore29 Apr 2022AY 2011-12

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 280/Bang/2016 Assessment Year : 2011-12 M/S. Micro Focus Software India Pvt. Ltd. (Earlier Known As Novell Software Development The Income Tax (India) Pvt. Ltd.), Officer, Bagmane Tech Park ‘D’ Ward – 4 (1)(3), Block, Bangalore. ‘Laurel’ 65/2, Vs. C V Raman Nagar, Byrasandra, Bangalore – 560 093. Pan: Aaacn6992K Appellant Respondent & It(Tp)A No. 319/Bang/2016 Assessment Year : 2011-12 (By Assessee) : Smt. Tanmayee Rajkumar, Assessee By Advocate : Dr. Manjunath Karkihalli, Cit Revenue By (Dr) Date Of Hearing : 03-03-2022 Date Of Pronouncement : 29-04-2022 Order Per Beena Pillaipresent Cross Appeals Has Been Filed By Revenue As Well As Assessee Against Order Dated 29.12.2015 Passed By Ld.Ito Ward 5(1)(1)

Section 143(3)Section 144C(13)Section 92C(3)

144C(13) of the Act, for assessment year 2011-12 on following grounds of appeal: Revenue’s appeal “1. The directions of the Dispute Resolution Panel are opposed to the law and not on the facts and circumstance of the case. 2. The ld.DRP erred in holding that the size ... international jurisprudence requires seeking similar comparable companies. 7. For these and other grounds that may be urged upon, direction of the Dispute Resolution Panel may be reversed and that assessment order be restored. 8. The appellant craves leave to add, alter, amend or delete any other grounds on or before

ITO Ward - 5(1)(1), Bangalore vs. M/S Novell Software Development (India) Pvt. Ltd., Bangalore

In the result, appeal filed by assessee stands allowed and appeal filed by the revenue stands dismissed

ITA 280/BANG/2016[2011-12]Status: DisposedITAT Bangalore29 Apr 2022AY 2011-12

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 280/Bang/2016 Assessment Year : 2011-12 M/S. Micro Focus Software India Pvt. Ltd. (Earlier Known As Novell Software Development The Income Tax (India) Pvt. Ltd.), Officer, Bagmane Tech Park ‘D’ Ward – 4 (1)(3), Block, Bangalore. ‘Laurel’ 65/2, Vs. C V Raman Nagar, Byrasandra, Bangalore – 560 093. Pan: Aaacn6992K Appellant Respondent & It(Tp)A No. 319/Bang/2016 Assessment Year : 2011-12 (By Assessee) : Smt. Tanmayee Rajkumar, Assessee By Advocate : Dr. Manjunath Karkihalli, Cit Revenue By (Dr) Date Of Hearing : 03-03-2022 Date Of Pronouncement : 29-04-2022 Order Per Beena Pillaipresent Cross Appeals Has Been Filed By Revenue As Well As Assessee Against Order Dated 29.12.2015 Passed By Ld.Ito Ward 5(1)(1)

Section 143(3)Section 144C(13)Section 92C(3)

144C(13) of the Act, for assessment year 2011-12 on following grounds of appeal: Revenue’s appeal “1. The directions of the Dispute Resolution Panel are opposed to the law and not on the facts and circumstance of the case. 2. The ld.DRP erred in holding that the size ... international jurisprudence requires seeking similar comparable companies. 7. For these and other grounds that may be urged upon, direction of the Dispute Resolution Panel may be reversed and that assessment order be restored. 8. The appellant craves leave to add, alter, amend or delete any other grounds on or before

Godrej Consumer Products Ltd, Mumbai vs. DCIT Cir 14(1)(1), Mumbai

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

ITA 1579/MUM/2017[2012-13]Status: DisposedITAT Mumbai28 Apr 2022AY 2012-13

Bench: Shri Pramod Kumar & Shri Pavan Kumar Gadalegodrej Consumer Vs. Dcit, Cc-14(1)(1) Products Ltd., Aayakar Bhavan, Kalyaniwalla & Mistry 4Th Floor, Mk Road, Llp, Esplanade House, Mumbai-400020. 2Nd Floor, 29, Hazarimal Somani Marg, Fort, Mumbai – 400 001. "थायी लेखा सं./जीआइआर सं./Pan/Gir No.: Aabcg3365J Appellant .. Respondent Appellant By : Mr.Farrokh.V. Irani.Ar Respondent By : Dr.Yogesh Kamat. Cit Dr & Mr.Satya Pinisetty.Dr Date Of Hearing 27.01.2022 Date Of Pronouncement 05.04.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order U/S 143(3) R.W.S 144(C)(13) Of The Income Tax Act, 1961 Passed In Pursuance To Directions Of The Drp.The Assessee Has Raised The Following Grounds Of Appeal.

For Appellant: Mr.Farrokh.V. Irani.ARFor Respondent: Dr.Yogesh Kamat. CIT DR
Section 1Section 115Section 143(3)Section 14ASection 36(1)(iii)Section 801CSection 80ISection 921

passed in pursuance to directions of the DRP.The assessee has raised the following grounds of appeal. NON TRANSFER PRICING ISSUES 1. The learned Dispute Resolution Panel erred in confirming the M/s Godrej Consumer Products Ltd, Mumbai. action of the Assessing Officer in computing the deduction under Section 801C / 801E ... sundry balances written back forming part of the 'Other Income' of such eligible units and in reducing the deduction claimed accordingly. 2.The learned Dispute Resolution Panel erred in confirming the action of th undertakings to the eligible undertakings of the Appellant, while computing the deduction u/s 80IC/ 801E