Section 144C of the Income Tax Act

Income-tax Act, 2025: s.275

Section 144C of the Income-tax Act, 1961 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 is 21. In SB Gurbaksh Singh v. Union of India (2 SCC 181), cited in 318 of the 3,699 judgments on BharatTax that turn on this section.

Leading authorities on Section 144C

21. In SB Gurbaksh Singh v. Union of India
2 SCC 181 · 2007 · Supreme Court
318
citing judgments
Commissioner of Income Tax v. Roca Bathroom Products (P) ltd.
445 ITR 537 · 2022 · High Court
269
citing judgments

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).

Shree Chamundi Mopeds Ltd. v. Church of South India Trust Association
3 SCC 1 · 1992 · Reported
267
citing judgments

If an issue has been decided by a competent court or bench, and that decision remains undisturbed by a higher court, subsequent appeals on the same issue can be dismissed as being covered by the earlier judgment, underscoring judicial discipline.

CIT v. Godavari Devi Saraf
113 ITR 589 · 1978 · High Court
235
citing judgments

An Income-tax Tribunal, operating anywhere in the country, must respect and follow the law laid down by any High Court, even if it is a non-jurisdictional High Court, as long as there is no contrary decision from another High Court on that specific legal point. The law declared by such a High Court is considered the final law of the land for the Tribunal.

Shelf Drilling 4. In ACIT (International Taxation) v. Shelf Drilling Ron Tappmeyer Ltd.
177 Taxmann.com 262 · 2025 · Supreme Court
216
citing judgments

The Supreme Court has not reached a majority verdict on whether the time spent in Dispute Resolution Panel (DRP) proceedings under Section 144C should be included within the overall limitation period prescribed by Section 153(3). Consequently, the legal position on the interplay between Sections 144C and 153 remains unresolved at the Supreme Court level.

Motorola Inc. v. Dy. CIT
95 ITD 269 · 2005 · High Court
213
citing judgments

Revenue must demonstrate the existence of a Permanent Establishment (PE) of a foreign enterprise in India, including establishing that transactions underlying a Dependent Agent PE were not at arm's length. Income from the sale of goods is not taxable in India if title and risk in the goods pass outside India.

(i) Sultana Begum v. Prem Chand Jain
1 SCC 373 · 1997 · Reported
187
citing judgments

A statute must be read as a whole, construing every clause with reference to its context and other provisions, to determine the legislature's real intention and ensure a consistent enactment. This principle, known as "ex visceribus actus," helps avoid inconsistencies within the law.

CIT v. Roca Bathroom Products (P.) Ltd.
147 Taxmann.com 224 · 2023 · Supreme Court
178
citing judgments

The grant of special leave by the Supreme Court signifies that an issue is admitted for final adjudication, and the correctness of the High Court's judgment is under scrutiny. The order granting leave does not affirm the High Court's view nor declare law; consequently, the High Court judgment loses its finality.

Vodafone India Services (P.) Ltd. v. Union of India
368 ITR 1 · 2014 · High Court
172
citing judgments

The issue of shares and share premium is a capital account transaction, not an income-generating event, therefore Chapter X (Transfer Pricing) provisions are not attracted to deem notional or hypothetical income from such transactions.

CIT v. Eicher Ltd.
294 ITR 310 · 2007 · High Court
171
citing judgments

An assessment order cannot be considered erroneous for want of an inquiry, thus restricting revision under Section 263, if the Assessing Officer applied their mind to the issue and had all relevant facts before them. Additionally, disallowed expenditures are not to be included as part of an asset's cost for tax purposes.

Judgments on Section 144C

Cae India Private Limited, Bangalore vs. DCIT, Bangalore

In the result, the appeals filed by the assessee are allowed for statistical purposes and the appeals filed by the Revenue and the cross objections filed by the assessee are dismissed

ITA 316/BANG/2016[2011-12]Status: DisposedITAT Bangalore30 Aug 2021AY 2011-12

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(Tp)A No.1150/Bang/2015: Asst.Year 2010-2011 It(Tp)A No.316/Bang/2016: Asst.Year 2011-2012 M/S.Cae India Private Limited The Dy.Commissioner Of Survey No.26-27, Income-Tax, Circle 2(1)(1) V. Bandaramanahalli Village, Bangalore. Anneshwara Panchayat, Kasaba Hobli Bangalore – 562 110. Pan : Aaecm3338G. (Appellant) (Respondent) It(Tp)A No.585/Kol/2015: Asst.Year 2010-2011 It(Tp)A No.310/Bang/2016: Asst.Year 2011-2012 The Dy.Commissioner Of Income- M/S.Cae India Private Limited Tax, Circle 2(1)(1) Survey No.26-27, V. Bangalore. / Circle 2(1) Kolkata. Bandaramanahalli Village, Anneshwara Panchayat, Kasaba Hobli Bangalore – 562 110. (Appellant) (Respondent) Co No.31/Kol/2015: Asst.Year 2010-2011 M/S.Cae India Private Limited The Dy.Commissioner Of Survey No.26-27, Income-Tax, Circle 2(1) V. Bandaramanahalli Village, Kolkata. Anneshwara Panchayat, Kasaba Hobli Bangalore – 562 110. (Cross Objector) (Respondent) Appellant By : Sri. Sumeet Khurana, Ca Revenue By : Sri.Rajendra Kumar Mishra, Cit-Dr Date Of Pronouncement : 30.08.2021 Date Of Hearing : 30.08.2021

For Appellant: Sri. Sumeet Khurana, CAFor Respondent: Sri.Rajendra Kumar Mishra, CIT-DR
Section 143(3)

DCIT, Bangalore vs. M/S Cae India Pvt. Ltd., Bangalore

In the result, the appeals filed by the assessee are allowed for statistical purposes and the appeals filed by the Revenue and the cross objections filed by the assessee are dismissed

ITA 310/BANG/2016[2011-12]Status: DisposedITAT Bangalore30 Aug 2021AY 2011-12

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(Tp)A No.1150/Bang/2015: Asst.Year 2010-2011 It(Tp)A No.316/Bang/2016: Asst.Year 2011-2012 M/S.Cae India Private Limited The Dy.Commissioner Of Survey No.26-27, Income-Tax, Circle 2(1)(1) V. Bandaramanahalli Village, Bangalore. Anneshwara Panchayat, Kasaba Hobli Bangalore – 562 110. Pan : Aaecm3338G. (Appellant) (Respondent) It(Tp)A No.585/Kol/2015: Asst.Year 2010-2011 It(Tp)A No.310/Bang/2016: Asst.Year 2011-2012 The Dy.Commissioner Of Income- M/S.Cae India Private Limited Tax, Circle 2(1)(1) Survey No.26-27, V. Bangalore. / Circle 2(1) Kolkata. Bandaramanahalli Village, Anneshwara Panchayat, Kasaba Hobli Bangalore – 562 110. (Appellant) (Respondent) Co No.31/Kol/2015: Asst.Year 2010-2011 M/S.Cae India Private Limited The Dy.Commissioner Of Survey No.26-27, Income-Tax, Circle 2(1) V. Bandaramanahalli Village, Kolkata. Anneshwara Panchayat, Kasaba Hobli Bangalore – 562 110. (Cross Objector) (Respondent) Appellant By : Sri. Sumeet Khurana, Ca Revenue By : Sri.Rajendra Kumar Mishra, Cit-Dr Date Of Pronouncement : 30.08.2021 Date Of Hearing : 30.08.2021

For Appellant: Sri. Sumeet Khurana, CAFor Respondent: Sri.Rajendra Kumar Mishra, CIT-DR
Section 143(3)

Cae India Private Limited, Bangalore vs. DCIT, Bangalore

In the result, the appeals filed by the assessee are allowed for statistical purposes and the appeals filed by the Revenue and the cross objections filed by the assessee are dismissed

ITA 1150/BANG/2015[2010-11]Status: DisposedITAT Bangalore30 Aug 2021AY 2010-11

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(Tp)A No.1150/Bang/2015: Asst.Year 2010-2011 It(Tp)A No.316/Bang/2016: Asst.Year 2011-2012 M/S.Cae India Private Limited The Dy.Commissioner Of Survey No.26-27, Income-Tax, Circle 2(1)(1) V. Bandaramanahalli Village, Bangalore. Anneshwara Panchayat, Kasaba Hobli Bangalore – 562 110. Pan : Aaecm3338G. (Appellant) (Respondent) It(Tp)A No.585/Kol/2015: Asst.Year 2010-2011 It(Tp)A No.310/Bang/2016: Asst.Year 2011-2012 The Dy.Commissioner Of Income- M/S.Cae India Private Limited Tax, Circle 2(1)(1) Survey No.26-27, V. Bangalore. / Circle 2(1) Kolkata. Bandaramanahalli Village, Anneshwara Panchayat, Kasaba Hobli Bangalore – 562 110. (Appellant) (Respondent) Co No.31/Kol/2015: Asst.Year 2010-2011 M/S.Cae India Private Limited The Dy.Commissioner Of Survey No.26-27, Income-Tax, Circle 2(1) V. Bandaramanahalli Village, Kolkata. Anneshwara Panchayat, Kasaba Hobli Bangalore – 562 110. (Cross Objector) (Respondent) Appellant By : Sri. Sumeet Khurana, Ca Revenue By : Sri.Rajendra Kumar Mishra, Cit-Dr Date Of Pronouncement : 30.08.2021 Date Of Hearing : 30.08.2021

For Appellant: Sri. Sumeet Khurana, CAFor Respondent: Sri.Rajendra Kumar Mishra, CIT-DR
Section 143(3)

Allergan Healthcare India Pvt Ltd, Bengaluru vs. Deputy Commissioner of Income Tax, Circle-1(1)(1), Bengaluru

In the result, the appeal filed by the assessee is dismissed

ITA 2855/BANG/2017[2013-14]Status: DisposedITAT Bangalore26 Aug 2021AY 2013-14

Bench: Shri George George K, Jm & Shri B.R.Baskaran, Am It(Tp)A No.2855/Bang/2017 : Asst.Year 2013-2014 M/S.Allergan Healthcare India The Dy.Commissioner Of Private Limited Income-Tax, Circle 1(1)(1) V. Level 2, Prestige Obelisk Bangalore. No.3, Kasturba Road Bangalore – 560 001. Pan : Aahca3776H. (Appellant) (Respondent) Appellant By : Sri.S.V.Ravishankar, Advocate Respondent By : Sri.Muzaffar Hussain, Cit-Dr Date Of Pronouncement : 26.08.2021 Date Of Hearing : 26.08.2021 O R D E R Per George George K, Jm This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Passed U/S 143(3) R.W.S. 144C Of The I.T.Act, Dated 25.10.2017. The Relevant Assessment Year Is 2013-2014. 2. At The Time Of Hearing Before Us, The Learned Counsel For The Assessee Has Placed A Letter Dated 14.08.2021 & Contended That The Assessee Had Opted To Resolve The Dispute Raised In This Appeal Under The Provisions Of Direct Tax Vivad Se Vishwas Act, 2020. He, Therefore, Prayed That The Appeal May Be Treated As Withdrawn. In View Of The Submission Made By The Learned Counsel For The Assessee, We Dismiss The Appeal Filed By The Assessee As Withdrawn.

For Appellant: Sri.S.V.Ravishankar, AdvocateFor Respondent: Sri.Muzaffar Hussain, CIT-DR
Section 143(3)