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)

F.C.C. Co. Ltd., Gurgaon, Haryana vs. Assistant Commissioner of Income Tax (International Tax)-1(3)(1), New Delhi, Civic Center

In the result appeal of the assessee is allowed in terms of the discussion made herein above

ITITA 583/DEL/2025[2022-23]Status: DisposedITAT Delhi18 Jun 2025AY 2022-23

Bench: Shri Anubhav Sharma & Shri Manish Agarwalit (It)A No.583/Del/2025 (Assessment Year:2022-23) F.C.C. Co. Ltd., Asst. Cit, Plot No.5, Sector-3, (International Taxation), Imt Manesar, Gurgaon, Vs. Circle-1(3)(1), Haryana-122001 New Delhi. Pan:Aabcf5381M (Appellant) (Respondent) Assessee By Shri K.M. Gupta, Adv., Ms. Shruti Khimta, Adv. & Sh. Harmeet Singh, Ca Department By Dr. Saurabh Anand, Sr. Dr Date Of Hearing 07.05.2025 Date Of Pronouncement 18.06.2025 O R D E R Per Manish Agarwal, Am: This Is An Appeal Filed By The Assessee Against The Final Assessment Order Passed By The Assistant Commissioner Of Income Tax, Circle Int. Tax- 1(3)(1) U/S 143(3) R.W.S. 144C(13) Of The Income Tax Act, 1961 (“The Act” In Short) Dated 11.12.2024 For A.Y. 2022-23. 2. The Assessee Has Taken The Following Grounds Of Appeal:- “1. On The Facts & Circumstances Of The Case & In Law, The Final Assessment Order Passed By The Learned Assistant Commissioner Of Income-Tax, International Taxation 1(3)(1), New Delhi (Hereinafter Referred To As 'Ld. Ao') Pursuant To The Directions Of The Dispute Resolution Panel-I ('Drp') Dated 11 December 2024, Under Section 143(3) Read With Section 144C(13) Is Bad In Law & Barred By Limitation. 2. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Ao/ Drp Has Erred In Assessing The Income Of The Applicant To Inr 92,88,38,447 As Against The Returned Income Of Inr 88,48,88,793 Thereby Making An Addition Of Inr 4,39,49,654. 3. On The Facts & In The Circumstances Of The Case & In Law, The Ld. Ao/ Drp Has Erred In Alleging The Existence Of A Permanent Establishment ('Pe') In The Nature Of A Fixed Place Pe & Supervisory

Section 143(3)Section 144C(13)Section 234BSection 270ASection 9(1)(i)Section 90

Prabhat Kumar, Delhi vs. ACIT, Int. Tax. 1(1)(1), Delhi

The appeal of the assessee is allowed

ITA 1666/DEL/2024[2013-14]Status: DisposedITAT Delhi18 Jun 2025AY 2013-14

Bench: Shri Anubhav Sharma & Shri Manish Agarwalassessment Year: 2013-14 Prabhat Kumar, Vs Acit, 2-A, Prem Shanti Kunj, Int. Tax 1(1)(1), 2-Club Road, Civil Lines, Delhi. Delhi – 110 054. Pan: Aacpk2240A (Appellant) (Respondent) Assessee By : Shri Gautam Jain, Advocate & Shri Ankit Kumar, Advocate Revenue By : Ms Ekta Jain, Cit-Dr Date Of Hearing : 05.05.2025 Date Of Pronouncement : 18.06.2025 Order Per Anubhav Sharma, Jm: This Appeal Is Preferred By The Assessees Against The Final Assessment Order Dated 28.03.2024 Passed By The Asstt. Commissioner Of Income Tax, Circle Int. Tax 1(1)(1), Delhi (Hereinafter Referred To As The Ld. Ao) U/S 147 R.W.S. 144C(13) Of The Income Tax Act, 1961 (Hereinafter Referred As ‘The Act’) For Assessment Year 2013-14. 2. On Hearing Both The Sides, It Comes Up That Amongst Other Grounds On Merits & Also Legal Grounds, The Assessee Has Raised Grounds No.2 & 3 As Follows:- “2. That Proceedings Initiated U/S 147 Read With Section 148 Of The Act For The Instant Assessment Year Are Barred By Limitation & Both The Initiation Of Proceedings & Assumption Of Jurisdiction To Frame Order Of Assessment & Deserves To Be Quashed As Such. 3. That Initiation Of Proceedings U/S 147 Of The Act & Assumption Of Jurisdiction To Frame Assessment U/S 147/144C(13) Of The Act Are Without Satisfying The Statutory Preconditions Provided In The Act & Therefore Without Jurisdiction & Deserve To Be Quashed As Such.”

For Appellant: Shri Gautam Jain, Advocate &For Respondent: Ms Ekta Jain, CIT-DR
Section 147Section 148Section 148ASection 149Section 149(1)Section 151