Section 144C(3) of the Income Tax Act

Income-tax Act, 2025: s.275

Section 144C(3) 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(3) is CIT v. Kotak Securities Ltd. (383 ITR 1), cited in 203 of the 595 judgments on BharatTax that turn on this section.

Leading authorities on Section 144C(3)

CIT v. Kotak Securities Ltd.
383 ITR 1 · 2016 · Supreme Court
203
citing judgments

Fees for technical services under Section 9(1)(vii) can include payments for fully automated services even without direct human interface, as modern technological developments blur the specific human element in such processes.

Mahindra and Mahindra Ltd. v. DCIT
30 SOT 374 · 2009 · ITAT
201
citing judgments

The Commissioner of Income Tax (Appeals) cannot expand the scope of an assessment or improve the Assessing Officer's case in a manner that usurps the revisional power of the Commissioner of Income Tax under Section 263 of the Income-tax Act.

ITO v. TechSpan India (P) Ltd.
92 Taxmann.com 361 · 2018 · Supreme Court
194
citing judgments

Reassessment under Section 147/148 is invalid if it constitutes a mere change of opinion by the Assessing Officer without any fresh tangible material, especially after the assessee made a full and truthful disclosure during the original scrutiny assessment under Section 143(3).

CIT v. Microlabs Ltd.
383 ITR 490 · 2016 · High Court
175
citing judgments

If an assessee possesses interest-free funds exceeding investments in tax-free securities, it is presumed that investments are made from these own funds, precluding disallowance of interest expenditure under Section 14A read with Rule 8D(2)(ii). Additionally, weighted deduction under Section 35(2AB) is computed on the gross expenditure incurred, not net expenditure after reducing income earned.

DIT v. Guy Carpenter & Co Ltd.
346 ITR 504 · 2012 · High Court
171
citing judgments

For fees for technical services to be taxable under a tax treaty's 'make available' clause, a transfer of technology enabling the recipient to independently perform the service in the future is necessary, beyond mere service rendition. The case also clarifies that re-insurance services do not constitute 'imparting' of information taxable as royalty.

Raymond Ltd. v. Dy. CIT
86 ITD 791 · 2003 · ITAT
154
citing judgments

For services to qualify as 'Fees for Technical Services' or 'Fees for Included Services' under Double Taxation Avoidance Agreements (DTAAs), they must 'make available' technical knowledge, experience, skill, or processes to the recipient, enabling them to apply such expertise independently.

CIT v. Bharti Cellular Ltd.
330 ITR 239 · 2011 · Supreme Court
147
citing judgments

The Supreme Court holds that for a service to qualify as 'fees for technical services' under Section 9(1)(vii) of the Income-tax Act or Article 12 of a DTAA, direct human involvement or intervention in rendering the service is essential. This principle applies to telecommunication services like interconnect charges and roaming charges, and also to services related to software use.

MOHD. HANIF QUARESHI AND OTHERS v. STATE OF BIHAR AND OTHERS. 381 7
6 SCC 312 · 2012 · Reported
138
citing judgments

Where proceedings are initiated under Section 147, but the assessment is completed under Section 143(3), it is not a prerequisite that the assessee must have filed a return under Section 139.

DIT v. Schlumberger Asia Services Ltd.
414 ITR 1 · 2019 · High Court
82
citing judgments

Service tax paid to the Government of India is not 'on account of' the provision of services for mineral oil exploration and production, and thus does not form part of the aggregate taxable amount under Section 44BB(2)(a) and (b).

PCIT v. Texport Overseas (P.) Ltd.
114 Taxmann.com 568 · 2020 · High Court
69
citing judgments

A reference to the Transfer Pricing Officer (TPO) is invalid and bad in law, which renders consequential Transfer Pricing adjustments by the Assessing Officer liable for deletion.

Judgments on Section 144C(3)

Dcitm Circle-14(1)(2), Mumbai vs. M/S Invenire Petrodyne Limited, Mumbai

In the result, the appeal filed by the Revenue stands dismissed

ITA 1793/MUM/2023[2014-2015]Status: DisposedITAT Mumbai21 Aug 2023AY 2014-2015

Bench: Shri Prashant Maharishi & Shri Narender Kumar Choudhrydcit, Circle - 14(1)(2) M/S. Invenire Petrodyne Ltd. Room No. 455, 4Th Floor The Metropolitan, Plot No. C26/27 E-Block, 5Th Floor, Bkc, Aayakar Bhavan, M.K. Road Vs. Mumbai 400020 Bandra (East), Mumbai (Mahrashtra ) -400051 Pan – Aaact0090N Appellant Respondent Appellant By: Shri H.M. Bhatt, Ld. Sr. Ar Respondent By: None (Adjournment Letter) Date Of Hearing: 08.08.2023 Date Of Pronouncement: 21.08.2023 O R D E R Per: N.K. Choudhry, Jm This Appeal Has Been Preferred By The Assessee Against The Order Dated 20.03.2023 Impugned Herein Passed By The Learned Commissioner Of Income Tax (Appeal)/National Faceless Appeal Centre, Delhi (Nfac) (In Short Ld. Commissioner) Under Section 250 Of The Income Tax Act, 1961 (In Short The Act) For Ay 2014-15. 2. In The Instant Case, The Assessing Officer (Ao), Vide Order Dated 15.05.2018 Under Section 154 Of The Act, Though Rectified The Original Order Dated 28.02.2018 Passed Under Section 143(3) R.W.S. 144C (3) Of The Act, However, Did Not Grant Interest On Refund Arising Out Of The Self-Assessment Tax Paid By The Assessee Under Section 244A Of The Act.

For Appellant: Shri H.M. Bhatt, Ld. Sr. ARFor Respondent: None (Adjournment letter)
Section 143(3)Section 154Section 244ASection 244A(1)(aa)Section 250

Jubilant Pharmova Limited (Erstwhile Jubilant Life Sciences Limited), Gajraula vs. Pr. CIT Bareilly, Uttar Pradesh

In the result, appeal of the assessee is dismissed

ITA 1071/DEL/2022[2016-17]Status: DisposedITAT Delhi11 May 2023AY 2016-17

Bench: Sh. Anil Chaturvedi & Sh. N.K Choudhryjubilant Pharmova Limited Vs. The Pr. Cit, (Erstwhile Jubilant Life Bareilly, Sciences Limited) Uttar Pradesh 244 001 Bhartiagram, Gajraula Jyotiba Phoolay Nagar, Amroha, Up – 244 223 Pan No. Aabcv 0200 H (Appellant) (Respondent) Assessee By Shri K.M Gupta, Adv. Ms. Shruti Khimta, Ar Revenue By Mohd. Gayasuddin Ansari, Cit-D.R. Date Of Hearing: 06.03.2023 Date Of Pronouncement: 11.05.2023 Order Per Anil Chaturvedi, Am : This Appeal Filed By The Assessee Is Directed Against The Order Dated 25.03.2022 Of The Pr. Commissioner Of Income Tax (Appeals)-Bareilly Relating To Assessment Year 2016-17. 2. Brief Facts Of The Case As Culled Out From The Material On Record Are As Under :- Jubilant Pharmova Limited Vs. Pcit 2 3. The Assessee Is A Company Stated To Be Engaged In The Business Of Manufacturing & Sale Of Chemicals, Chemical Intermediates, Active Pharmaceutical Ingredients & Generation Of Power. The Assessee Filed Its Return Of Income For A.Y 2016-17 On 28.11.2016 Declaring Total Of Income At Rs. 54,63,38,840/-. The Case Of The Assessee Was Selected For Scrutiny & Thereafter Assessment Was Framed U/S. 143(3) R.W.S. 144C(3) Vide Order Dated 17.02.2020 & The Total Income Was Determined At Rs. 95,52,38,865/-.

Section 143Section 143(3)Section 263