Section 144C(12) of the Income Tax Act
Income-tax Act, 2025: s.275
Section 144C(12) falls under section 144C of the Income-tax Act, 1961, which corresponds to section 275 (Reference to Dispute Resolution Panel) of the Income-tax Act, 2025.
Read section 275 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 144C(12) is Commissioner of Income Tax v. Roca Bathroom Products (P) ltd. (445 ITR 537), cited in 269 of the 25 judgments on BharatTax that turn on this section.
Leading authorities on Section 144C(12)
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).
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.
Section 144C(4) uses a non-obstante clause to expedite the final assessment order, requiring the Assessing Officer to pass it immediately upon acceptance or lack of objection to the TPO's order, irrespective of broader time limits under Section 153.
When interpreting statutes, courts strive to avoid conflicting provisions and interpret the law in a manner that is not absurd, unworkable, illogical, futile, pointless, artificial, or disproportionate.
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.
The Assessing Officer is bound to complete an assessment within the time limit prescribed under Section 144C(13) of the Income Tax Act, 1961, after receiving directions from the Dispute Resolution Panel.
A singular different fact or point can alter the precedential value of a judgment. Provisions of a statute must be read as they are, without adding or removing anything, when the language is clear and unambiguous.
