Section 144C(13) of the Income Tax Act

Income-tax Act, 2025: s.275

Section 144C(13) 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(13) is Engineering Analysis Centre of Excellence (P) Ltd. v. CIT (432 ITR 471), cited in 914 of the 3,426 judgments on BharatTax that turn on this section.

Leading authorities on Section 144C(13)

Engineering Analysis Centre of Excellence (P) Ltd. v. CIT
432 ITR 471 · 2021 · Supreme Court
914
citing judgments

Payments for the supply or use of computer software, where there is no transfer of copyright but only a right to use the copyrighted product, are generally considered business profits and not 'royalty' or 'fees for technical services' under the Income Tax Act, 1961 or relevant DTAAs. This principle also applies to transponder fees, which are not taxable as royalty.

Sony Ericsson Mobile Communications India Pvt. Ltd. v. CIT
374 ITR 118 · 2015 · High Court
499
citing judgments

The existence of an international transaction for Advertising and Marketing Promotion (AMP) expenditure requires the revenue to discharge the burden of proof. An explanation inserted under Section 92B does not automatically make AMP expenditure an international transaction.

CIT v. EKL Appliances Ltd.
345 ITR 241 · 2012 · High Court
422
citing judgments

Transfer pricing adjustments for outstanding receivables are permissible only if the Tax Officer establishes, through analysis over a period, a pattern indicating an international transaction intended to benefit an associated enterprise. The Tax Officer cannot question purely business decisions like royalty payments or exceed jurisdiction by applying cost-benefit analysis to determine the arm's length price of services.

Ishikawajima Harima Heavy Industries Ltd. v. DIT
288 ITR 408 · 2007 · Supreme Court
394
citing judgments

Income from offshore supply of goods and services is not taxable in India if the entire transaction, including transfer of ownership and payments, occurs outside India.

CIT v. De Beers India Minerals (P.) Ltd.
346 ITR 467 · 2012 · High Court
371
citing judgments

For fees for technical or consultancy services to 'make available' technical knowledge or know-how under a DTAA, the service must transmit such knowledge, allowing the recipient to derive an enduring benefit and utilize it independently in the future.

DIT v. Morgan Stanley & Co.
292 ITR 416 · 2007 · Supreme Court
360
citing judgments

A Permanent Establishment (PE) signifies a foreign enterprise's virtual projection into another country, with a fixed place PE existing where an MNE's business is wholly or partly carried on. A dependent agent PE requires the agent to act as such and/or have the authority to conclude contracts for the foreign enterprise under DTAA provisions.

Asia Satellite Telecommunications Co. Ltd. v. DIT
332 ITR 340 · 2011 · High Court
359
citing judgments

Payments for the use of equipment, such as satellite transponders, do not constitute 'royalty' under Section 9(1)(vi) of the Income-tax Act, 1961, or under applicable tax treaties, especially when there is no transfer of the right to use a process or underlying technology.

DIT v. New Skies Satellite BV
382 ITR 114 · 2016 · High Court
325
citing judgments

An amendment to the Income Tax Act, such as the Finance Act, 2012 amendment to Section 9(1)(vi) defining royalty, does not automatically override or alter the definition of 'royalty' as provided in a Double Taxation Avoidance Agreement (DTAA) unless the DTAA itself is bilaterally amended. The definition of royalty in a DTAA remains unaffected by unilateral changes to domestic law.

21. In SB Gurbaksh Singh v. Union of India
2 SCC 181 · 2007 · Supreme Court
318
citing judgments
India Vs. Azadi Bachao Andolan 263 ITR 706 (SC); and Vodafone International Holdings B.V v. Union of India
341 ITR 1 · 2012 · Supreme Court
295
citing judgments

Legitimate tax planning is permissible, allowing taxpayers to arrange their affairs to minimize tax liabilities while respecting the "look at test" for transaction genuineness and the separate entity principle in corporate taxation. The source of funds for treaty-beneficial structures does not automatically invalidate the transaction.

Judgments on Section 144C(13)

Xchanging Solutions Limited (Formerly Known As Cambridge Solutions Limited), Bangalore vs. The Deputy Commissioner of Income Tax, Circle 7(1)(1), Bangalore

In the result appeal filed by the assessee is partly allowed

ITA 385/BANG/2025[2011-12]Status: DisposedITAT Bangalore06 Apr 2026AY 2011-12

Bench: Shri Prashant Maharishi & Shri Soundararajan K.Assessment Year 2011-12 M/S. Xchanging Solutions Limited Vs. (Formerly Known As Cambridge Solutions Limited), Xchanging Tower, 39/40, Digital Park, Hp Avenue, The Deputy Commissioner Of Income Tax Electronic City, Hosur Main Road, Circle – 7(1)(1), Electronic City S.O., Bangalore. Konapanna Agrahara, Bangalore – 560 100 Pan: Aafcs9303L Appellant Respondent Appellant By : Shri Padamchand Kincha, Ca Respondent By : Dr. Divya K. J – Citdr Date Of Hearing : 13.01.2026 Date Of Pronouncement : 06.04.2026 O R D E R Per Prashant Maharishi1. This Appeal Is Filed For Assessment Year 2011 – 12 Against The Assessment Order Passed By The Deputy Commissioner Of Income Tax, Circle 7 (1) (1), Bangalore (The Learned Ao) Passed In Pursuance Of Direction Of The Learned Dispute Resolution Panel'S Wherein The Income Tax Appellate Tribunal Vide Its Order Dated 19 January 2022 In Ita A No. 492/Bangalore/2015 & Subsequent Miscellaneous Application No. 61/Bangalore/2022 Dated 26/8/2022 Was Passed. 2. Over & Above The Several Grounds Raised By The Assessee The Main Contention Is That The Order Passed By The Learned Assessing Officer On 27 December 2024 Is Invalid. Page 2 Of 11 3. Brief Facts Of The Case Shows That The Assessee Company Filed Its Return Of Income At The Total Income Of Rs. Nil. The Case Was Selected For Scrutiny Which Resulted Into The Final Assessment Order Passed Under Section 143 (3) Read With Section 144C (13) Of The Income Tax Act, 1961 (The Act) Determining The Assessed Income At ₹ 190,805,854/–.

For Appellant: Shri Padamchand Kincha, CAFor Respondent: Dr. Divya K. J – CITDR
Section 143Section 144CSection 254Section 92C