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Case lawIncome-tax Act 2025Chapter XVI › Section 275
Chapter XVIwas s.144C

Section 275 of the Income-tax Act, 2025

Section 275 — Reference to Dispute Resolution Panel. Successor to s.144C of the 1961 Act.

Where this section sits

Section 275 is in Chapter XVI — Procedure for Assessment, which runs from section 268 to section 301.

← Section 274  ·  Section 276 →

What this section does

Sub-section (1) requires the Assessing Officer, in the first instance and irrespective of anything to the contrary in the Act, to forward a draft of the proposed order of assessment to an eligible assessee if he proposes any variation prejudicial to that assessee's interest.

Sub-section (2) gives the eligible assessee thirty days from receipt of the draft order either to file acceptance of the variations with the Assessing Officer, or to file objections with both the Dispute Resolution Panel and the Assessing Officer. Sub-section (3) requires the Assessing Officer to complete the assessment on the basis of the draft order where acceptance is intimated or no objection is received in that period. Sub-section (4), as substituted by Act No. 4 of 2026 with effect from 1 April 2026, requires that assessment order to be passed, irrespective of section 286, within one month from the end of the month in which the acceptance is received or the objection period expires; its new clause (b) provides that where the draft order was forwarded within the time allowed under section 286, the further time available to complete the assessment under sub-section (3) is governed by this sub-section.

Sub-sections (5) to (12) govern the Panel. On receipt of objections it issues such directions as it thinks fit for the guidance of the Assessing Officer to enable him to complete the assessment, in writing, stating the points of determination, the decision and the reasons. It may make or cause further enquiry. It may confirm, reduce or enhance the variations proposed, but may not set aside any proposed variation or direct further enquiry and passing of the assessment order. Its power to enhance includes considering any matter arising out of the assessment proceedings relating to the draft order even if the assessee did not raise it. A difference of opinion is decided by the majority. Every direction is binding on the Assessing Officer. No direction may issue without an opportunity of being heard to the assessee, and to the Assessing Officer where the direction is prejudicial to the interest of the revenue.

Sub-section (13) bars any direction under sub-section (5) after nine months from the end of the month in which the draft order was forwarded. Sub-section (14), as substituted by Act No. 4 of 2026 with effect from 1 April 2026, requires the Assessing Officer, on receipt of directions, to complete the assessment in conformity with them without any further opportunity of being heard, irrespective of section 286, within one month from the end of the month in which the direction is received; its new clause (b) provides that where the draft order was forwarded within the section 286 time, the time available to pass the order on receipt of directions is governed by sub-section (13) and this sub-section.

Sub-section (15) allows the Board to make rules for the efficient functioning of the Panel. Sub-section (16) disapplies the section to an assessment or reassessment order passed with the prior approval of the Principal Commissioner or Commissioner under section 274(12). Sub-section (17) defines the Panel as a collegium of three Principal Commissioners or Commissioners constituted by the Board, and "eligible assessee" as a person in whose case the variation arises as a consequence of an order of the Transfer Pricing Officer under section 166(6), or any non-resident not being a company, or any foreign company. Sub-section (18) excludes from "eligible assessee" a person referred to in section 292(1) or another person referred to in section 295. Sub-section (19) disapplies the section to proceedings under Chapter XVI-B.

Why it is there

Transfer pricing adjustments and additions against non-residents are large and are often better tested before the demand exists than after. The section inserts a collegium of three Commissioners between the draft and the final order, with binding directions and a nine-month outer limit, so the dispute is resolved inside the assessment rather than through years of appeal. The bar on setting aside in sub-section (8) is deliberate: the Panel must decide the point, not send it back.

Who it applies to

The figures, and what each one turns on

Read the condition in the same row. A figure quoted without it is a wrong answer with a citation attached.
WhatFigureThe condition on itWhere
Time to accept or object to the draft orderThirty daysFrom receipt of the draft order by the eligible assessee; objections go to both the Dispute Resolution Panel and the Assessing OfficerSub-section (2)
Time to pass the assessment order where the draft is accepted or unopposedOne month from the end of the month in which the acceptance is received or the objection period expiresIrrespective of section 286; sub-section (4) as substituted by Act No. 4 of 2026 w.e.f. 1 April 2026Sub-section (4)(a)
Outer limit for the Panel's directionsNine months from the end of the month in which the draft order is forwarded to the eligible assesseeNo direction under sub-section (5) may issue after that periodSub-section (13)
Time to pass the assessment order after directionsOne month from the end of the month in which the direction is receivedIn conformity with the directions and without any further opportunity of being heard; sub-section (14) as substituted by Act No. 4 of 2026 w.e.f. 1 April 2026Sub-section (14)(a)
Composition of the Dispute Resolution PanelThree Principal Commissioners or Commissioners of Income-taxA collegium constituted by the Board for this purposeSub-section (17)(a)

What this means in practice

Objecting is not risk-free. Under sub-sections (8) and (9) the Panel may enhance the variations proposed, and may do so on a matter arising out of the assessment proceedings that the assessee never raised, so a reference can leave the assessee worse off than the draft order. What the Panel cannot do is set a variation aside or direct further enquiry followed by a fresh assessment order; it must confirm, reduce or enhance. The thirty days in sub-section (2) is the whole window, and objections must reach both the Panel and the Assessing Officer — filing with one only leaves the other free to treat the draft as unopposed and complete the assessment under sub-section (3). After the directions issue there is no further hearing: sub-section (14)(a) requires the Assessing Officer to complete the assessment in conformity with them within one month from the end of the month of receipt, so anything not argued before the Panel is not argued at all at that stage. The 2026 substitutions of sub-sections (4) and (14) each add a clause (b) tying the remaining time to section 286 where the draft order was forwarded within the section 286 period. Note the exclusions: the section does not apply where the order is passed with the prior approval of the Principal Commissioner or Commissioner under section 274(12), nor to proceedings under Chapter XVI-B, nor to a person within section 292(1) or 295.

An example

Illustrative only, and invented for this page. The figures are chosen to show the rule biting, not taken from any real matter.

A foreign company receives a draft order proposing a transfer pricing variation of Rs. 20 crore consequent on an order of the Transfer Pricing Officer under section 166(6). It files objections within thirty days with both the Panel and the Assessing Officer. The Panel, after hearing it, takes up a matter arising out of the assessment proceedings that the company had not raised and, under sub-sections (8) and (9), enhances the variation to Rs. 24 crore. That direction is binding, and under sub-section (14)(a) the Assessing Officer must pass the assessment order in conformity with it, without any further hearing, within one month from the end of the month in which he receives it.

Where you meet this section

You meet it as a draft assessment order forwarded to you under sub-section (1) — the document that starts the thirty-day clock — and then in the Panel's written directions stating the points of determination and reasons, followed by the final assessment order passed in conformity with them.

The words themselves

the eligible assessee shall, within thirty days of its receipt by him,— (a) file his acceptance of the variations to the Assessing Officer; or (b) file his objections
Section 275(2), Income-tax Act, 2025.
The Dispute Resolution Panel may, confirm, reduce or enhance the variations proposed in the draft order, so however, that it shall not set aside any proposed variation, or issue any direction under sub-section (5) for further enquiry and passing of the assessment order.
Section 275(8), Income-tax Act, 2025.
No direction under sub-section (5) shall be issued after nine months from the end of the month in which the draft order is forwarded to the eligible assessee.
Section 275(13), Income-tax Act, 2025.
complete, irrespective of anything to the contrary contained in section 286, the assessment without providing any further opportunity of being heard to the assessee, within one month from the end of the month in which such direction is received
Section 275(14)(a), Income-tax Act, 2025.

What people get wrong

What this replaced

The correspondence is the Income Tax Department’s own, from its comparison utility for the 1961 and 2025 Acts. A renumbering is the easy half; whether the words changed is the half that decides cases.

See the full 1961 to 2025 concordance.

Rules that serve this section

Rules of the Income-tax Rules, 2026 that work section 275. Where the rule’s own heading names the section we say so; the rest are marked on reading the rule, which is our derivation and not the department’s. A rule that serves the section silently and that we have missed will not appear here.

All of them are in the Rules 2026 index.

Circulars of the Board on this section

A circular binds the department, not you and not a court. Every one below was written under the 1961 Act; it reaches this section because the department’s own concordance carries the provision it names to this one.

See every circular and notification on this section, or the circulars index.

Notifications that reach this section

A notification is made under a power the Act gives and, within that power, is law. These too were made under the 1961 Act and are placed here by the department’s concordance.

See every circular and notification on this section, or the notifications index.

Case law carried across

Read this before you rely on it. Every decision below was decided under the Income-tax Act, 1961. It appears here because it is tagged to a 1961 provision that the department’s own mapping carries to section 275. That is an inference we have drawn, not a holding on the new section: where the words changed in the move, the reasoning may not survive. Treat this as the place to start looking, not as authority on the 2025 Act.

Explainers

Read with

What this page does not tell you. It does not reproduce the section. Everything above was written from the section’s own text as the Income Tax Department publishes it — the text is here, and nothing here is advice on your facts. Where a figure matters, read the sub-section it comes from.