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

M/S Opto Circuits India Ltd, Bangalore vs. Deputty Commissioner of Income Tax Circle-5(1)(2), Bangalore

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 1315/BANG/2017[2011-12]Status: DisposedITAT Bangalore28 Sept 2022AY 2011-12

Bench: Shri Chandra Poojari, Am & Shri George George K, Jm It(Tp)A No.1315/Bang/2017 : Asst.Year 2011-2012 M/S.Opto Circuits India Limited The Deputy Commissioner Of No.38, Electronic City Road Income-Tax, Circle 5(1)(2) V. Bangalore – 560 100. Bangalore. Pan : Aaaco2165P. (Appellant) (Respondent) Appellant By : Sri.Shiva Prasad Reddy, Itp Respondent By : Sri.Sumer Singh Meena, Cit-Dr Date Of Pronouncement : 28.09.2022 Date Of Hearing : 28.09.2022 O R D E R Per George George K, Jm : This Appeal At The Instance Of The Assessee Is Directed Against Final Assessment Order Dated 06.01.2016 Passed U/S 143(3) R.W.S. 144C Of The I.T.Act. The Relevant Assessment Year Is 2011-2012. 2. There Is A Delay Of 171 Days In Filing This Appeal Before The Tribunal. The Assessee Has Filed A Petition For Condonation Of Delay Along With An Affidavit Of Managing Director Of The Assessee, Stating Therein The Reasons For Belated Filing Of This Appeal. On Perusal Of The Reasons Stated, We Find That The Assessee By Mistake Had Filed An Appeal Before The Cit(A) (As Against The Final Assessment Order) & On Realizing The Mistake, Immediately The Assessee Filed Appeal Before The Tribunal. We Find There Is A Reasonable Cause For Belated Filing

For Appellant: Sri.Shiva Prasad Reddy, ITPFor Respondent: Sri.Sumer Singh Meena, CIT-DR
Section 143(2)Section 143(3)Section 144C(15)(b)Section 92C

ACIT (It) 3(1) (1), Mumbai vs. M/S. J.P.Morgan Indian Investment Company Mauritius Ltd, Mumbai

In the result, the CO filed by the assessee is allowed and appeal filed by the revenue becomes infructuous as dismissed

ITA 2382/MUM/2021[2016-17]Status: DisposedITAT Mumbai27 Sept 2022AY 2016-17

Bench: Shri Amit Shukla, Jm & Shri Amarjit Singh, Am आयकरअपीलसं./ I.T.A. No. 2382/Mum/2021 (ननधधारणवर्ा / Assessment Year: 2016-17) Acit-3(1)(1), M/S J. P. Morgan India R. No. 1628, 16Th Floor, Air Investment Company India Building, Nariman Mauritius Limited, बनाम/ Point, Mumbai-400 021 C/O- Srb & Associates Llp, Vs. 14Th Floor, The Ruby 29 Senapati Bapat Marg, Dadar (W), Mumbai-400 028 स्थधयीलेखधसं./जीआइआरसं./ Pan No. Aaacf0626J (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : & Cross Objection No. 41/Mum/2022 (ननधधारणवर्ा / Assessment Year: 2016-17) M/S J. P. Morgan India Acit-3(1)(1), Investment Company R. No. 1628, 16Th Floor, Air India Mauritius Limited, Building, Nariman Point, बनाम/ C/O- Srb & Associates Mumbai-400 021 Vs. Llp, 14Th Floor, The Ruby 29 Senapati Bapat Marg, Dadar (W), Mumbai-400 028 (अपीलधथी/Appellant) (प्रत्यथी / Respondent) : अपीलधथीकीओरसे/ Appellant By : Shri Milind Chavan, Ld. Dr प्रत्यथीकीओरसे/Respondent By : Shri Anish Thacker, Ld. Ar सुनवधईकीतधरीख/ : 18.05.2022 & 23.09.2022 Date Of Hearing घोर्णधकीतधरीख / : 27.09.2022 Date Of Pronouncement

For Appellant: Shri Milind Chavan, Ld. DRFor Respondent: Shri Anish Thacker, Ld. AR
Section 10(38)Section 143(3)Section 144C