Case law › Circulars › 2012 › Circular No. 05/FT&TR/2012 [F. NO. 500/15/2011-FT&TR-I], 2012

CBDT circular 1 June 2012

Circular No. 05/FT&TR/2012 [F. NO. 500/15/2011-FT&TR-I], 2012

Section 144C of the Income-tax Act, 1961 - Dispute Resolution Panel - Reference to - Reconstitution of DRP at Delhi & Mumbai

What this is

Circular No. 05/FT&TR/2012 [F. NO. 500/15/2011-FT&TR-I], 2012 was issued by the Central Board of Direct Taxes on 1 June 2012. Its subject is Section 144C of the Income-tax Act, 1961 - Dispute Resolution Panel - Reference to - Reconstitution of DRP at Delhi & Mumbai.

What it does

Reconstitutes the Dispute Resolution Panel at Delhi-I and Mumbai-I under section 144C, in partial modification of Order No. 4/FT&TR/2012. Each panel is of three Commissioners or Directors of Income-tax, who take the work in addition to their regular duties, with immediate effect and until further order. At Delhi-I the members are the Commissioner of Income-tax-I, Delhi, the Director of Income-tax (Transfer Pricing)-I, Delhi and the Director of Income-tax (International Taxation)-II, Delhi; at Mumbai-I they are the Director of Income-tax (International Taxation)-II, Mumbai, the Commissioner of Income-tax-XI, Mumbai and the Director of Income-tax (Transfer Pricing)-II, Mumbai. The order issues with the approval of the Chairman of the Board.

Why it was issued

It is an administrative reconstitution of the panels; the order gives no reason.

Who it reaches

Assessees with objections pending before the Delhi-I panel
Assessees with objections pending before the Mumbai-I panel
Counsel 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 - Reconstitution of DRP at Delhi & Mumbai
Order No. 5/FT&TR/2012 [F. No. 500/15/2011-FT&TR-I], dated June, 2012
In partial modification of Order No. 4/FT&TR/2012, and in exercise of powers conferred under section 144C of the income-tax Act, 1961, the Board hereby reconstitutes 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. Poonam Sidhu, DIT(lT)-II, Delhi

2.
Mumbai-I
Shri Kuntal Kumar Sen, DIT(IT)-II, Mumbai Shri Akhilesh Ranjan, CIT-XI, Mumbai Smt. Sangeeta Singh, DIT(TP)-Il, Mumbai

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

What to watch

It changes who sits, not what the panel does; nothing about the procedure under section 144C is touched.
Panels sit 'until further order' and are reconstituted often, so the composition on the date a matter was heard has to be traced through the chain of orders, here running back to Order No. 4/FT&TR/2012.
Members carry the work in addition to their regular charges.
The order covers only Delhi-I and Mumbai-I; other panels stand on their own orders.

Where you meet it

When checking who validly constituted the panel that heard objections in a transfer pricing or international taxation matter of that period.

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

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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.