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

D.C.I.T., Bangalore vs. M/S Jda Software Pvt. Ltd., Bangalore

In the result, the appeals filed by the Revenue and assessee are dismissed

ITA 488/BANG/2015[2010-11]Status: DisposedITAT Bangalore19 Feb 2021AY 2010-11

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(Tp)A No.142/Bang/2015 : Asst.Year 2010-2011 It(Tp)A No.488/Bang/2015 : Asst.Year 2010-2011 The Dy.Commissioner Of Income- M/S.Jda Software Pvt. Ltd. Tax, Circle 4(1)(1) (Erstwhile I2 Technologies V. Bengaluru. India Private Limited, Tower A Mantri Commercio, Next To Sakra World Hospital, Outer Ring Road, Bellandur Bengaluru – 560 103. Pan : Aaac17334Q. (Appellant) (Respondent) It(Tp)A No.547/Bang/2015 : Asst.Year 2010-2011 It(Tp)A No.548/Bang/2015 : Asst.Year 2010-2011 M/S.Jda Software Pvt. Ltd. The Dy.Commissioner Of (Erstwhile I2 Technologies India Income-Tax, Circle 4(1)(1) V. Private Limited, Tower A Bengaluru. Mantri Commercio, Next To Sakra World Hospital, Outer Ring Road, Bellandur, Bengaluru – 560 103. (Appellant) (Respondent) Revenue By : Sri.B.K.Singh, Cit-Dr Assessee By : Ms.Kruthika, Advocate Date Of Date Of Hearing : 19.02.2021 Pronouncement : 19.02.2021 O R D E R Per George George K, Jm These Are Cross Appeals Against The Orders Of The Assessing Officer Passed U/S 143(3) R.W.S 92Ca R.W.S. 144C Of The I.T.Act (Order Dated 29.01.2015) & Order Passed U/S 143(3) R.W.S. 144C Of The I.T.Act (Order Dated 29.12.2014).

For Appellant: Ms.Kruthika, AdvocateFor Respondent: Sri.B.K.Singh, CIT-DR
Section 143(3)

DCIT, Bangalore vs. M/S I2 Technologies India Pvt. Ltd., Bangalore

In the result, the appeals filed by the Revenue and assessee are dismissed

ITA 142/BANG/2015[2010-11]Status: DisposedITAT Bangalore19 Feb 2021AY 2010-11

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(Tp)A No.142/Bang/2015 : Asst.Year 2010-2011 It(Tp)A No.488/Bang/2015 : Asst.Year 2010-2011 The Dy.Commissioner Of Income- M/S.Jda Software Pvt. Ltd. Tax, Circle 4(1)(1) (Erstwhile I2 Technologies V. Bengaluru. India Private Limited, Tower A Mantri Commercio, Next To Sakra World Hospital, Outer Ring Road, Bellandur Bengaluru – 560 103. Pan : Aaac17334Q. (Appellant) (Respondent) It(Tp)A No.547/Bang/2015 : Asst.Year 2010-2011 It(Tp)A No.548/Bang/2015 : Asst.Year 2010-2011 M/S.Jda Software Pvt. Ltd. The Dy.Commissioner Of (Erstwhile I2 Technologies India Income-Tax, Circle 4(1)(1) V. Private Limited, Tower A Bengaluru. Mantri Commercio, Next To Sakra World Hospital, Outer Ring Road, Bellandur, Bengaluru – 560 103. (Appellant) (Respondent) Revenue By : Sri.B.K.Singh, Cit-Dr Assessee By : Ms.Kruthika, Advocate Date Of Date Of Hearing : 19.02.2021 Pronouncement : 19.02.2021 O R D E R Per George George K, Jm These Are Cross Appeals Against The Orders Of The Assessing Officer Passed U/S 143(3) R.W.S 92Ca R.W.S. 144C Of The I.T.Act (Order Dated 29.01.2015) & Order Passed U/S 143(3) R.W.S. 144C Of The I.T.Act (Order Dated 29.12.2014).

For Appellant: Ms.Kruthika, AdvocateFor Respondent: Sri.B.K.Singh, CIT-DR
Section 143(3)

M/S. Serial Microelectronics Pte Limited ( Liaison Office), Bangalore vs. Assistant Commissioner of Income Tax (International Taxation), Circle- 2(1), Bangalore

In the result, assessee’s appeals are dismissed

ITA 2317/BANG/2019[2015-16]Status: DisposedITAT Bangalore01 Feb 2021AY 2015-16

Bench: Shri N. V. Vasudevan & Shri B. R. Baskaranit(It)A Nos.2312 To 2317/Bang/2019 Assessment Years : 2010-11 To 2015-16 M/S. Serial Microelectronics Pte Limited Vs. The Assistant Commissioner Of – Liaison Office (Pe), Income Tax (International No.504-505, 5Th Floor, A Wing Mittal Taxation), Towers, Mg Road, Circle – 2(1), Bengaluru. Bengaluru. Pan : Aancs 5495 H Appellant Respondent Assessee By : None Revenue By : Shri. Pradeep Kumar,Cit(Dr)(Itat), Bengaluru Date Of Hearing : 01.02.2021 Date Of Pronouncement : 01.02.2021 O R D E R Per N. V. Vasudevan: These Are Appeals By The Assessee Against Six Orders Of Assessment Passed By Acit (International Taxation), Circle – 2(1), Bengaluru, All Dated 29.08.2019, Under Section 143(3) R.W.S. 147 R.W.S. 144C Of The Income Tax Act, 1961, Relating To Assessment Years 2010-11 To 2015-16. 2. The Assessee Has Moved An Application In Which It Is Stated That The Assessee Has Filed Form Nos.1 & 2 Under Direct Tax Vivad Se Vishwas Scheme, 2020 In Respect Of The Present Appeal. The Assessee Has Also Obtained Form 3 Certificate Containing Particulars Of Tax Arrears & The Amount Payable

For Appellant: NoneFor Respondent: Shri. Pradeep Kumar,CIT(DR)(ITAT), Bengaluru
Section 143(3)

M/S. Serial Microelectronics Pte Limited, Bangalore vs. Assistant Commissioner of Income Tax (International Taxation), Circle- 2(1), Bangalore

In the result, assessee’s appeals are dismissed

ITA 2316/BANG/2019[2014-15]Status: DisposedITAT Bangalore01 Feb 2021AY 2014-15

Bench: Shri N. V. Vasudevan & Shri B. R. Baskaranit(It)A Nos.2312 To 2317/Bang/2019 Assessment Years : 2010-11 To 2015-16 M/S. Serial Microelectronics Pte Limited Vs. The Assistant Commissioner Of – Liaison Office (Pe), Income Tax (International No.504-505, 5Th Floor, A Wing Mittal Taxation), Towers, Mg Road, Circle – 2(1), Bengaluru. Bengaluru. Pan : Aancs 5495 H Appellant Respondent Assessee By : None Revenue By : Shri. Pradeep Kumar,Cit(Dr)(Itat), Bengaluru Date Of Hearing : 01.02.2021 Date Of Pronouncement : 01.02.2021 O R D E R Per N. V. Vasudevan: These Are Appeals By The Assessee Against Six Orders Of Assessment Passed By Acit (International Taxation), Circle – 2(1), Bengaluru, All Dated 29.08.2019, Under Section 143(3) R.W.S. 147 R.W.S. 144C Of The Income Tax Act, 1961, Relating To Assessment Years 2010-11 To 2015-16. 2. The Assessee Has Moved An Application In Which It Is Stated That The Assessee Has Filed Form Nos.1 & 2 Under Direct Tax Vivad Se Vishwas Scheme, 2020 In Respect Of The Present Appeal. The Assessee Has Also Obtained Form 3 Certificate Containing Particulars Of Tax Arrears & The Amount Payable

For Appellant: NoneFor Respondent: Shri. Pradeep Kumar,CIT(DR)(ITAT), Bengaluru
Section 143(3)