Case law › Circulars › 2012 › Circular No. 04/FT&TR/2012 [F.NO. 500/15/2011-FT&TR-I]

CBDT circular 10 April 2012

Circular No. 04/FT&TR/2012 [F.NO. 500/15/2011-FT&TR-I]

Section 144C of the Income-tax Act, 1961 - Dispute resolution panel - Reference to - Constitution of DRP at specified places - modification of order no. 1/ft&tr/2012 and no. 2/ft&tr 2012

What this is

Circular No. 04/FT&TR/2012 [F.NO. 500/15/2011-FT&TR-I] was issued by the Central Board of Direct Taxes on 10 April 2012. Its subject is Section 144C of the Income-tax Act, 1961 - Dispute resolution panel - Reference to - Constitution of DRP at specified places - modification of order no. 1/ft&tr/2012 and no. 2/ft&tr 2012.

What it does

Constitutes the Dispute Resolution Panel at Delhi-I and Mumbai-I under section 144C, in partial modification of Order No. 1/FT&TR/2012 and Order No. 2/FT&TR/2012. Each panel is of three Commissioners or Directors of Income-tax who take the duty in addition to their regular work, with immediate effect and until further order. Delhi-I comprises the Commissioner of Income-tax-I, Delhi, the Director of Income-tax (Transfer Pricing)-I, Delhi and the Commissioner of Income-tax-V, Delhi; Mumbai-I comprises the Director of Income-tax (International Taxation)-II, Mumbai, the Commissioner of Income-tax-XI, Mumbai and the Director of Income-tax (International Taxation and Transfer Pricing), Ahmedabad. It issues with the approval of the Chairman of the Board.

Why it was issued

It is an administrative constitution order; no reason is recorded.

Who it reaches

Assessees with objections before the Delhi-I panel in 2012
Assessees with objections before the Mumbai-I panel in 2012
Representatives appearing before those panels

The provisions it speaks to

Left, the provision of the Income-tax Act, 1961 as the instrument itself names it. Right, the section of the Income-tax Act, 2025 that the department’s own concordance maps it to — which is where the same ground is now covered.

Under the 1961 Act	Now
s.144C	s.275, s.532

The instrument, as the Board published it

The words below are the department’s own, reproduced from its published text. Where the department’s copy carried a publisher’s notes after the instrument, those are not reproduced.

Section 144C of the Income-tax Act, 1961 - Dispute resolution panel - Reference to - Constitution of DRP at specified places - modification of order no. 1/ft&tr/2012 and no. 2/ft&tr 2012
ORDER NO. 4/FT&TR/2012 [F.No. 500/15/2011-FT&TR-I], dated 10-4-2012
In partial modification of order No.1/FT&TR/2012 and order No. 2/FT&TR/2012, and in exercise of powers conferred under section 144C of the Income-tax Act, 1961, the Board hereby constitutes the Dispute Resolution Panel (DRP) comprising of three Commissioners of Income-tax/Directors of Income-tax as Members of DRP at the places given below, who shall perform such duties in addition to their regular duties with immediate effect and until further order:

Sl. No.
Place of DRP
Members of DRP

1
Delhi-I
Shri Hari Kishan, CIT-I, Delhi Smt. Rashmi Saxena Sahni, DIT(TP)-I, Delhi Smt. Gopal Mukherjee, CIT-V, Delhi

2
Mumbai-I
Shri Kuntal Kumar Sen, DIT(IT)-II, Mumbai Shri Akhilesh Ranjan, CIT-XI, Mumbai Smt. V.K. Gupta, DIT(IT&TP), Ahmedabad

2. This issues with the approval of Chairman, CBDT.
■■

What to watch

This is a composition order only and does not alter any right or procedure under section 144C.
One member of the Mumbai panel sits from Ahmedabad, so the panel is not drawn only from the station where it sits.
It works by partial modification of two earlier orders of the same year, so the full composition has to be read with those orders.
Being effective 'until further order', it was open to change by any later order in the series.

Where you meet it

When verifying the constitution of the panel that dealt with objections filed in 2012 before Delhi-I or Mumbai-I.

On the same provision

Other instruments in this library that name the same provision of the 1961 Act. They are not necessarily still operative, and a later one may have replaced an earlier one without saying so.

Circular No. 12/2024 — Guidance note 1/2024 on provisions of the direct tax vivad se vishwas scheme 2024 15 October 2024
Circular No. 8/2021 — Extension of time lines related to certain compliances by the taxpayers under the income tax act 1961 30 April 2021
Notification No. 20/2021 [F. No. 370142/35/2020-TPL] / SO 1432(E) — Ministry of Finance 31 March 2021
Notification No. 73/2018 [F. No. 370142/8/2018-TPL] / GSR 1055(E) — 16 the Gazette of INDIA : Extraordinary [Part Ii—sec. 3(i)] 23 October 2018
Notification No. 87/ 2015/ F.No. 500/25/2014-SO/FTnTR-2(1)/SO 2965(E) — 2 the Gazette of INDIA : Extraordinary [Part Ii—sec. 3(ii)] 30 October 2015
Notification No. 1/ 2015 [F.No. 500/25/2014-SO/FTnTR-2(1)] / SO 14(E) — Section 118 of the Income-tax Act, 1961 - Income-tax Authorities - Control of - Notified Subordinate Officer - Supersess 1 January 2015

← F. NO. 500/15/2011—FT&TR-1 · Circular No. 01/2012 →

A circular binds the department, not you and not a court. The Board issues a circular to its own officers. An assessee may hold the department to a circular that helps him; the department cannot hold an assessee to one that hurts him, and the Tribunal and the courts decide the law for themselves.

Source: the Income Tax Department’s own published text — its page for this instrument.