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)

Gallagher Service Center LLP (Formerly Known As Gallagher Operations Support Services P Ltd), Pune vs. Assistant Commissioner of Income-Tax, NFAC, Delhi

In the result, appeal of the assessee is dismissed as withdrawn

ITA 178/PUN/2022[2017-18]Status: DisposedITAT Pune23 Dec 2024AY 2017-18

Bench: Dr.Dipak P. Ripote & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.178/Pun/2022 िनधा"रण वष" / Assessment Year: 2017-18 Gallagher Service Center Llp V The Additional/Joint/ (Formerly Known As Gallagher S Deputy/Assistant Operations Support Services Commissioner Of Income Private Limited), Tax/Income-Tax Officer, 401, Delta 2, Gigaspace It National Faceless Park, Vimannagar, Assessment Pune – 411014. Centre(Nfac). Pan: Aaqfg7417F Appellant/ Assessee Respondent / Revenue Assessee By Shri Darpan Kripalani – Ar Revenue By Shri Prakash L Pathade – Cit(Dr) Date Of Hearing 18/12/2024 Date Of Pronouncement 23/12/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By The Assessee Against The Order Of Ld.Assessing Officer For Assessment Year 2017-18 Dated 27.01.2022 Passed U/Sec.143(3) R.W.S 144C(13) Read With Section 144B Of The Income Tax Act, 1961. Submission Of Ld.Ar : 2. Ld.Authorised Representative(Ld.Ar) For The Assessee Filed Letter Dated 27.11.2024. Findings & Analysis : 3. We Have Heard Both The Parties & Perused The Records. The Assessee Filed A Letter Dated 27.11.2024 Requesting For Withdrawal Of Appeal. The Relevant Paragraph Of The Said Letter Is Reproduced As Under :

Section 143(3)Section 144B

Icp Holdings 1, Mauritius vs. The Assistant Commissioner of Income Tax, International Taxation - 2(1)(1), Delhi

In the result, the appeal of the assessee is dismissed as withdrawn

ITA 2397/DEL/2024[2015-16]Status: DisposedITAT Delhi20 Dec 2024AY 2015-16

Bench: Shri Mahavir Singh & Shri Pradip Kumar Kedia[Assessment Year : 2015-16] Icp Holdings 1 Vs Acit 4Th Floor, Raffles Tower International Taxation- 19 Bank Street, Cyber City 2(1)(1) Delhi Ebene, Mauritius-72201 Pan-Aacci6190E Appellant Respondent Appellant By Shri Ashik Shah, Ca Respondent By Ms. Harpreet Kaur Hansra, Sr. Dr Date Of Hearing 20.12.2024 Date Of Pronouncement 20.12.2024 Order Per Pradip Kumar Kedia, Am : The Instant Appeal Has Been Filed At The Instance Of The Assessee Seeking To Assail The Assessment Order Dated 28.03.2014 Passed U/S 147 R.W.S. 144C(13) Of The Income Tax Act, 1961 [“The Act”] Pertaining To Assessment Year 2015-16. 2. When The Matter Was Called For Hearing, An Application Dated 21.11.2024 Was Adverted On Behalf Of Assessee To Submit That The Assessee Is Opting For The Ongoing “The Direct Tax Vivad Se Vishwas (Dtvsv) Scheme, 2024”. It Is Submitted That The Assessee Does Not Seek To Pursue The Said Appeal Owing To Exercise Of Option For Availing Dtvsv Scheme & Consequently Requested That The Written Application For Withdrawal Of Appeal May Please Be Granted. 3. The Ld. Sr. Dr For The Revenue Stated That She Has No Objection To Withdraw The Appeal As Sought On Behalf Of The Assessee. 4. In The Light Of Oral/Written Request Made On Behalf Of The Assessee, The Captioned Appeal Is Dismissed. However, In The Event, The Assessee Fails To Avail The Benefit Of Dtvsv Scheme For Any Bonafide Reasons, Then The Assessee Concerned Shall Be At Liberty To Seek Restoration Of Original Appeal For Hearing Before Itat In Accordance With Law. 5. In The Result, The Appeal Of The Assessee Is Dismissed As Withdrawn. Order Pronounced In The Open Court On 20Th December, 2024. (Mahavir Singh)

Section 147