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

Perot Systems Business Process Solutions India Private Limited, Bangalore vs. JCIT, Bangalore

In the result, the appeal by the Assessee is allowed while the appeal by the revenue is dismissed

ITA 1248/BANG/2015[2010-11]Status: DisposedITAT Bangalore07 Jul 2021AY 2010-11

Bench: Shri N. V. Vasudevan & Shri Chandra Poojariit(Tp)A No.1246/Bang/2015 Assessment Year : 2010-11 The Joint Commissioner Of Vs. M/S. Dell International Services India Income Tax (Ltu), Pvt. Ltd., (Now Merged Entity M/S. Perot Bengaluru. Systems Business Process Solutions India Pvt. Ltd.,) 12/1, 12/2A, 13/1A, Diyashree Greens, Challaghatta Village, Varthur Hobli, Bengaluru-560 071. Pan : Aaacv 9201 H Appellant Respondent It(Tp)A No.1248/Bang/2015 Assessment Year : 2010-11 M/S. Dell International Services Vs. The Joint Commissioner Of India Pvt. Ltd., (Now Merged Entity Income Tax (Ltu), M/S. Perot Systems Business Process Bengaluru. Solutions India Pvt. Ltd.,) Bengaluru-560 071. Pan : Aaacv 9201 H Appellant Respondent Revenue By : Shri. Muzzafar Hussain, Cit(Dr)(Itat), Bangalore Assessee By : Shri. T.Suryanarayana, Advocate Date Of Hearing : 05.07.2021 Date Of Pronouncement : 07.07.2021 O R D E R Per N. V. Vasudevan: It(Tp)A.No.1246/Bang/2015 Is An Appeal By The Revenue While It(Tp)A.No.1248/Bang/2015 Is An Appeal By The Assessee. Both The Appeals Are It(Tp)A Nos.1246 & 1248/Bang/2015 Page 2 Of 13

For Appellant: Shri. T.Suryanarayana, AdvocateFor Respondent: Shri. Muzzafar Hussain, CIT(DR)(ITAT), Bangalore
Section 142(1)Section 143(2)Section 143(3)Section 144CSection 391

JCIT, Bangalore vs. M/S Perot Systems Business Process Solutions India Pvt. Ltd., Bangalore

In the result, the appeal by the Assessee is allowed while the appeal by the revenue is dismissed

ITA 1246/BANG/2015[2010-11]Status: DisposedITAT Bangalore07 Jul 2021AY 2010-11

Bench: Shri N. V. Vasudevan & Shri Chandra Poojariit(Tp)A No.1246/Bang/2015 Assessment Year : 2010-11 The Joint Commissioner Of Vs. M/S. Dell International Services India Income Tax (Ltu), Pvt. Ltd., (Now Merged Entity M/S. Perot Bengaluru. Systems Business Process Solutions India Pvt. Ltd.,) 12/1, 12/2A, 13/1A, Diyashree Greens, Challaghatta Village, Varthur Hobli, Bengaluru-560 071. Pan : Aaacv 9201 H Appellant Respondent It(Tp)A No.1248/Bang/2015 Assessment Year : 2010-11 M/S. Dell International Services Vs. The Joint Commissioner Of India Pvt. Ltd., (Now Merged Entity Income Tax (Ltu), M/S. Perot Systems Business Process Bengaluru. Solutions India Pvt. Ltd.,) Bengaluru-560 071. Pan : Aaacv 9201 H Appellant Respondent Revenue By : Shri. Muzzafar Hussain, Cit(Dr)(Itat), Bangalore Assessee By : Shri. T.Suryanarayana, Advocate Date Of Hearing : 05.07.2021 Date Of Pronouncement : 07.07.2021 O R D E R Per N. V. Vasudevan: It(Tp)A.No.1246/Bang/2015 Is An Appeal By The Revenue While It(Tp)A.No.1248/Bang/2015 Is An Appeal By The Assessee. Both The Appeals Are It(Tp)A Nos.1246 & 1248/Bang/2015 Page 2 Of 13

For Appellant: Shri. T.Suryanarayana, AdvocateFor Respondent: Shri. Muzzafar Hussain, CIT(DR)(ITAT), Bangalore
Section 142(1)Section 143(2)Section 143(3)Section 144CSection 391

Hamon Shriram Cottrell P. Ltd, Mumbai vs. ITO 9(2), Mumbai

The appeal stands partly allowed in terms of our above order

ITA 1882/MUM/2014[2009-10]Status: DisposedITAT Mumbai09 Jun 2021AY 2009-10

Bench: Hon’Ble Shri Vikas Awasthy, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकरअपील सं./ I.T.A. No.1882/Mum/2014 (धििाारण वर्ा / Assessment Year: 2009-10) M/S Hamon Cooling Systems Pvt. Ltd. Dcit-9(2) (Earlier Known As M/S Hamon Shriram Aaykar Bhawan बिाम/ Cottrell Pvt. Ltd.) M.K.Road Main Frame, 3A-8A, Gf Mumbai-400 020 Vs. Royal Palam Complex Goregaon(W), Mumbai – 400 065 स्थायीलेखासं./जीआइआरसं./ Pan/Gir No. Aaact-2254-Q (अपीलाथी/Appellant) : (प्रत्यथी / Respondent) अपीलाथीकीओरसे/ Appellant By : Shri Sanjay R.Parikh-Ld.Ar प्रत्यथीकीओरसे/Respondent By : Shri Sushil Kumar Mishra- Ld. Cit-Dr सुनवाईकीतारीख/Date Of Hearing : 09/06/2021 घोषणाकीतारीख /Date Of Pronouncement : 09/06/2021 आदेश / O R D E R Manoj Kumar Aggarwal (): - 1. Aforesaid Appeal By Assessee For Assessment Year [Ay] 2009-10 Contest Final Assessment Order Dated 30/12/2013 Passed By Ld. Deputy Commissioner Of Income Tax-9(2), Mumbai [Ao] U/S 143(3) Read With Section 144C(13) Pursuant To The Directions Of Ld. Dispute Resolution

For Appellant: Shri Sanjay R.Parikh-Ld.ARFor Respondent: Shri Sushil Kumar Mishra- Ld. CIT-DR
Section 143(3)Section 144CSection 144C(13)Section 144C(5)Section 92C