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

Essar Power Limited, Mumbai vs. ACIT- RG - 6(2)(2), Mumbai

In the result, the appeal of the assessee is allowed in part

ITA 5450/MUM/2018[2014-15]Status: DisposedITAT Mumbai25 Aug 2020AY 2014-15

Bench: Shri R.C.Sharma, Am & Shri Pawan Singh, Jm Essar Power Limited, Vs. A.C.I.T., Essar House, 11, K.K. Marg, Mahalaxmi, Mumbai-400034. Range-6(2)(2), Mumbai. Pan/Gir No. Aaace 0895 J (Appellant) .. (Respondent) Assessee By Shri Anuj Kisnadwala (Ar) Revenue By Shri Akhtar Hussain Ansari (Dr) Date Of Hearing 02/03/2020 Date Of Pronouncement 25/08/2020 आदेश / O R D E R Per: R.C. Sharma, A.M. This Is The Appeal Filed By The Assessee Against The Direction Of The Ld. Dispute Resolution Panel-1(Wz), Mumbai (In Short, The Drp) Dated 24/07/2018 For The A.Y. 2014-15 U/S 144C(5) Of The Income Tax Act, 1961 (In Short, The Act). The Assessee Has Raised Following Grounds Of Appeal: “On The Facts & Circumstances Of The Case & In Law, 1. The Learned Assessing Officer ('Ao') Has Erred In Completing The Assessment Of Appellant At Inr 1,43,93,58,982 /- (As Against Returned Loss Of Inr (64,80,75,116) Vide Assessment Order Under Section 143(3) R.W.S 144C Of The Income-Tax Act, 1961 ('The Act') After Considering The Adjustments Made By Learned Transfer Pricing Officer (Tpo) In His Order Passed Under Section 92Ca(3) Of The Act & Subsequently Confirmed By The Learned Dispute Resolution Panel ('Drp'). Essar Power Limited Vs Acit Grounds Relating To Transfer Pricing Matters: 2. The Tpo/Ao/Drp Erred In Making An Adjustment Of Rs.5,22,146/- For Interest On Outstanding Receivables From Essar Africa Holding Ltd & Considering The Same As A Separate International Transaction & Charging Notional Interest.

Section 115JSection 143(3)Section 144CSection 144C(5)Section 14ASection 271(1)(c)Section 92CSection 92E

Asst CIT 15(1)(2), Mumbai vs. Doka India P.Ltd, Navi Mumbai

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

ITA 1912/MUM/2016[2011-12]Status: DisposedITAT Mumbai07 Aug 2020AY 2011-12

Bench: Shri Pramod Kumar, Vp & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.1912/Mum/2016 (निर्धारण वर्ा / Assessment Year: 2011-12) Acit-15(1)(2) बिधम/ M/S. Doka India Pvt. Ltd. 483A, 4Th Floor, Aayakar Plot No. 26A, Sector-7, 601 Vs. Bhavan, Mumbai-400021. To 606, Mahavir Landmark Bldg, Kharghar, Navi Mumbai-410210. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaccd7895H (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Anand Mohan (Dr) Assessee By: Shri Dharmesh Shah/ Dhaval Shah सुनवाई की तारीख / Date Of Hearing: 13/02/2020 घोषणा की तारीख /Date Of Pronouncement: 07/08/2020 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Assessment Order Passed U/S.144C(1) Of The Income Tax Act, 1961 ( In Short “The Act”) In Pursuance Of The Directions Of Dispute Resolution Panel – I, Mumbai [Hereinafter Referred To As The “Drp”] Dated 29.12.2015 Relevant To The A.Y. 2011-12. 2. The Revenue Has Raised The Following Grounds: -

For Appellant: Shri Dharmesh Shah/ Dhaval ShahFor Respondent: Shri Anand Mohan (DR)
Section 143(1)Section 143(2)Section 144C(1)Section 92C