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“Section 45(1)”

Section References (mined)Section 45Section 45(1)146 judgments

The decision most relied on for Section 45(1) is CIT v. Ghanshyam (HUF) (315 ITR 1), cited in 363 judgments on BharatTax.

Leading authorities on Section 45(1)

CIT v. Ghanshyam (HUF)
315 ITR 1 · 2009 · Supreme Court
363
citing judgments

Interest received under Section 28 of the Land Acquisition Act, 1894, is considered part of the enhanced compensation on compulsory acquisition of land. It is taxable as 'capital gains' and not separately as 'interest income' under the head Income from Other Sources.

CIT v. Sohana Woollen Mills
296 ITR 238 · 2008 · High Court
180
citing judgments

A mere audit objection, by itself, is insufficient to infer that an Assessing Officer's order is erroneous or prejudicial to the interest of the Revenue for the purpose of initiating revisional proceedings.

Chaturbhuj Dwarkadas Kapadia v. CIT
260 ITR 491 · 2003 · High Court
150
citing judgments

For capital gains purposes, a 'transfer' under section 2(47)(v) occurs and capital gains arise in the year when possession of the property is handed over in part performance of a contract, such as a joint development agreement. This was the settled position before the specific provisions of section 45(5A) were introduced.

CIT v. Lakhani Marketing Inc.
49 Taxmann.com 257 · 2014 · High Court
145
citing judgments

Disallowance under Section 14A of the Income Tax Act, 1961, cannot exceed the actual tax-exempt income earned by the assessee during the relevant year. If no tax-exempt income is earned, no disallowance under Section 14A is warranted.

Venkataswami Naidu & Co. v. CIT
35 ITR 594 · 1959 · Supreme Court
133
citing judgments

A transaction is considered an adventure in the nature of trade, constituting business income, if there is a pre-determination to sell an asset at a profit. Conduct prior to purchase, as well as subsequent improvements, are relevant in determining the character of the transaction.

S.G. Mercantile Corporation P. Ltd. v. CIT, Calcutta
83 ITR 700 · 1972 · Supreme Court
126
citing judgments

Income from sources not falling under any other head of income under Section 14 of the Income Tax Act is taxed under the residuary head 'income from other sources'. If income cannot be taxed under Section 45 (capital gains), it cannot be taxed at all.

CIT v. Manjula J. Shah
355 ITR 474 · 2013 · High Court
113
citing judgments

For capital assets acquired by gift or will, the indexed cost of acquisition under Section 48 is computed with reference to the year the previous owner first held the asset. The period of holding for determining if an asset is long-term also includes the previous owner's holding period, as per Section 2(42A).

Sham Lal Narula (Dr.) v. CIT
53 ITR 151 · 1964 · Supreme Court
100
citing judgments

Interest received under Section 28 of the Land Acquisition Act, 1894, on enhanced compensation does not form part of the compensation itself but is taxable as 'income from other sources', analogous to interest under Section 34 of the Act.

Judgments citing Section 45(1)

Income Tax Officer (TDS-3), Ahmedabad vs. Tarun Santramdas Varma, Ahmedabad

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

ITA 2549/AHD/2025[2015-16]Status: DisposedITAT Ahmedabad26 Mar 2026AY 2015-16

Bench: Dr. B.R.R. Kumar, Vice-Ms Suchitra Kmble

For Appellant: Shri Abhijit, Sr.DRFor Respondent: Shri Tushar Hemani, Sr. Advocate
Section 143(3)Section 194Section 201Section 250Section 46A

population of more than ten lakhs. measured aerially is treated as Rural Agricultural Land and not a capital asset as per section 45(1) of the act. The assessee has submitted a certificate from the Gandhinagar Urban Development Authority (GUDA) confirming that all the relevant lands are classified as rural

Kamini Velmurugan, Mumbai vs. Income Tax Officer, Mumbai

In the result, the appeal filed by the assessee is allowed

ITA 478/MUM/2026[2016-17]Status: DisposedITAT Mumbai17 Mar 2026AY 2016-17

Bench: Shri Vikram Singh Yadav & Ms. Kavitha Rajagopalassessment Year : 2016-17 Kamini Velmurugan, Income Tax Officer, 18/369, Rajeshwari Chs, Ward-42(2)(3), Subhasnagar, Vs. Kautilya Bhavan, Mumbai-400071. Mumbai-400051. Pan : Agzpn9256A (Appellant) (Respondent) For Assessee : Ms. Sailee Gujarathi For Revenue : Shri Aditya Rai, Sr.Dr Date Of Hearing : 04-03-2026 Date Of Pronouncement : 17-03-2026 O R D E R Per Vikram Singh Yadav, A.M : This Is An Appeal Filed By The Assessee Against The Order Of The Learned Commissioner Of Income Tax (Appeals)-National Faceless Appeal Centre (Nfac), Delhi [„Ld.Cit(A)‟], Dated 19-11-2025, Pertaining To Assessment Year (Ay) 2016-17. 2. Briefly, The Facts Of The Case Are That The Assessment In This Case Was Completed U/S. 147 R.W.S. 144 R.W.S. 144B Of The Income Tax Act, 1961 („The Act‟), Vide Order Dt. 12-12-2023, Wherein The Ao Has Brought To Tax A Sum Of Rs. 42,50,000/- As Short Term Capital Gains U/S. 45 Of The Act In Absence Of Any Explanation/Evidences Submitted By The Assessee In Respect Of Sale Of Immoveable Property As Well As Cost Of Acquisition. The 2 Assessee Thereafter Carried The Matter In Appeal Before The Ld.Cit(A), Who Has Since Dismissed The Appeal On Account Of Delayed Filing & Against The Said Order, The Assessee Is In Appeal Before Us.

For Appellant: Ms. Sailee GujarathiFor Respondent: Shri Aditya Rai, Sr.DR
Section 147Section 45Section 45(1)

made by the AO deserves to be set aside since the sale consideration equals to the cost of acquisition and in terms of section 45(1) r.w.s. 49(1) of the Act, no short term capital gain has arisen. 5. It was further submitted that in the case of assessee

Biharilal, Hoshangabad vs. Comissioner of Income Tax (Appeals), NFAC-Delhi

Appeal is allowed for statistical purpose

ITA 278/IND/2025[2018-19]Status: DisposedITAT Indore19 Feb 2026AY 2018-19

Bench: Shri B.M. Biyani & Shri Paresh M. Joshiassessment Year:2018-19 Assessment Unit Of Income- Biharilal, Tax Department S/O Gaurishankar, 508, Ward No. 15, बनाम/ Shobhapur, Vs. Hoshangabad (Assessee/Appellant) (Revenue/Respondent) Pan: Eonpb2765E Assessee By Ms. Saniya Farhaz Memon, Ar Revenue By Shri Ashish Porwal, Sr. Dr Date Of Hearing 29.01.2026 Date Of Pronouncement 19.02.2026

Section 142(1)Section 144Section 147Section 148Section 148ASection 50C(2)

gain’ without giving any deduction for cost of acquisition/improvement allowable to assessee, therefore the income assessed by AO is against the provisions of section 45(1) r.w.s. section 48 and 55(1)/(2) of the Act. Therefore, the AO must be directed to give deduction of cost to assessee

Assistant Commissioner of Income Tax, Chennai vs. Manikandan, Chennai

ITA 2986/CHNY/2025[2017-18]Status: DisposedITAT Chennai16 Feb 2026AY 2017-18

Bench: Shri Aby T. Varkey & Ms. Padmavathy.Sआयकर अपील सं./Ita No.2986/Chny/2025 निर्धारण वर्ष /Assessment Year: 2017-18 The Asst. Commissioner Of Income Tax, Non Corporate Circle-4(1), Chennai. Manikandan, Vs. No.15/16/17, Vision Towers, 2Nd Floor, Yogam Garden, Valasarvakkam, Chennai - 600 087. Pan: Behpm 6583A (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से / Assessee By प्रत्यर्थी की ओर से /Revenue By Mr. R. Sivaraman, Advocate Ms. R. Anitha, Addl. Cit सुनवाई की तारीख/Date Of Hearing घोषणा की तारीख /Date Of Pronouncement 11.02.2026 16.02.2026 Per Padmavathy.S, A.M: आदेश / Order This Appeal By The Revenue Is Against The Order Of The Commissioner Of Income Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi, (In Short "Cit(A)") Passed U/S. 250 Of The Income Tax Act, 1961 (In Short "The Act") Dated 26.08.2025 For Assessment Year (Ay) 2017-18. The Assessee Raised The Following Ground Of Appeal: “1. The Order Of The Ld Cit(A) Is Contrary To Law & Facts & Circumstances Of The Case. 2 The Ld Cit(A) Erred In Deleting The Addition Made By The Ao Of An Amount Of Rs.2,98,29,315/- Credited In Assessee'S Capital Account By M/S Crcl Llp, In Which Assessee Is A Partner, For Sacrificing / Relinquishing - 2 -:

Section 147Section 2Section 2(14)Section 2(47)Section 250Section 45Section 45(3)

reconstituted firm. It is the correctness of this finding, which is before us. 7. The assessees are sought to be taxed under Section 45(1) of the Act on the ground that there is a transfer. The word 'transfer' has been defined in Section ... recognises the firm as a distinct legally - 10 -: ITA No.2986/Chny/2025 Manikandan assessable entity apart from its partners. This is clear from Sections 45(1), (3) and (4), of the Income Tax Act which reads as under: "45. [(1)] Any profits or gains arising from the transfer of a capital asset

Suresh Kumar, Yamunanagar vs. ITO, W-4, Yamunanagar

In the result, appeal of the assessee is allowed

ITA 390/CHANDI/2023[215-16]Status: DisposedITAT Chandigarh20 Jan 2026

Bench: Shri Rajpal Yadav & Shri Krinwant Sahay

For Appellant: Shri Ajay Jain,CAFor Respondent: Shri Vivek Vardhan, Addl. CIT Sr.DR
Section 143(3)Section 147Section 151Section 28Section 56

deals with transfer(s) by way of compulsory acquisition and not by way of transfers by way of sales etc. covered by Section 45(1) of the 1961 Act. Secondly, Section 45(5) of the 1961 Act talks about enhanced compensation or consideration which in terms

Sahodhar Reddy Muddasani, Hyderabad vs. DCIT, Central Circle-1(3), Hyderabad

In the result, appeal of the assessee is allowed

ITA 1619/HYD/2025[2016-17]Status: DisposedITAT Hyderabad15 Jan 2026AY 2016-17

Bench: Shri Vijay Pal Rao, Vice-A N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1619/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2016-17) Shri Sahodhar Reddy Vs. Dy.Cit Muddasani Central Circle 1(3) Hyderabad Hyderabad Pan:Aelpm9122N (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Ca Shri C Maheshwar Reddy राज" व "ारा/Revenue By: Shri Sankar Pandi P, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 06/01/2026 घोषणा की तारीख/Pronouncement: 16/01/2026 आदेश/Order Per Madhusudan Sawdia, A.M.: This Appeal Is Filed By Shri Sahodhar Reddy Muddasani (“The Assessee”), Feeling Aggrieved By The Order Passed By The Learned Commissioner Of Income Tax (Appeals)-12, Hyderabad (“Ld. Cit(A)”) Dated 24.09.2025 For The A.Y. 2016-17. 2. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: CA Shri C Maheshwar ReddyFor Respondent: Shri Sankar Pandi P, Sr. DR
Section 132Section 153ASection 2(47)Section 2(47)(v)Section 45(1)Section 53A

execution of the JDA constituted a “transfer” within the meaning of section 2(47) of the Act and that capital gains under section 45(1) of the Act arose in the year of execution of the JDA. Accordingly, the Ld. AO computed long-term capital gain of Rs.3 ... possession to the developer otherwise than for the limited purpose of development. In absence of such essential conditions, the very foundation of invoking section 45(1) of the Act in the year of JDA fails. Respectfully following the binding judgment of the Hon’ble Telangana High Court in the case

Assistant Commissioner of Income Tax, Circle-1(1)(1), Bengaluru vs. Hirehal Jairaj Balram, Bengaluru

ITA 1961/BANG/2025[2020-21]Status: FixedITAT Bangalore18 Dec 2025AY 2020-21

Bench: Shri. Laxmi Prasad Sahu & Shri. Keshav Dubey

For Appellant: Shri. T. Srinivasa, CAFor Respondent: Shri. Balusamy N, JCIT(DR)(ITAT), Bangalore
Section 139(5)Section 143(1)Section 144Section 147Section 148Section 2(47)Section 250Section 50C

IN THE INCOME TAX APPELLATE TRIBUNAL "A" BENCH : BANGALORE BEFORE SHRI. LAXMI PRASAD SAHU, ACCOUNTANT MEMBER AND SHRI. KESHAV DUBEY

Manohar Reddy Cheruku, Hyderabad vs. DCIT, Central Circle-1(3), Hyderabad

In the result, the appeal filed by the assessee stands allowed

ITA 1625/HYD/2025[2016-17]Status: HeardITAT Hyderabad05 Dec 2025AY 2016-17

Bench: Shri Ravish Sooda N D Shri Madhusudan Sawdiaआ.अपी.सं /Ita No.1625/Hyd/2025 (िनधा"रण वष"/Assessment Year: 2016-17) Shri Manohar Reddy Vs. Dy.Cit Cheruku, Hyderabad Central Circle 1(3) Pan:Aelpc8785R Hyderabad (Appellant) (Respondent) िनधा""रती "ारा/Assessee By: Shri C Maheshwar Reddy, Ca राज" व "ारा/Revenue By:: Shri Waseem Ur Rehman, Sr. Dr सुनवाई की तारीख/Date Of Hearing: 02/12/2025 घोषणा की तारीख/Pronouncement: 05/12/2025 आदेश/Order Per Madhusudan Sawdia, A.M.:

For Appellant: Shri C Maheshwar Reddy, CAFor Respondent: : Shri Waseem UR Rehman, Sr. DR
Section 132Section 143(2)Section 153ASection 2(47)Section 2(47)(v)Section 45(1)Section 53A

execution of JDA on 19.01.2016 constituted a “transfer” within the meaning of section 2(47) of the Act and that capital gains under section 45(1) of the Act arose in the year of execution of JDA itself. The Ld. AO computed long-term capital gain of Rs.3 ... possession to the developer otherwise than for the limited purpose of development. In absence of such essential conditions, the very foundation of invoking section 45(1) of the Act in the year of JDA fails. Respectfully following the binding judgment of the Hon’ble Telangana High Court in the case

Amit Kumar Verma, Patna vs. ITO, Ward- 6(1), Patna

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

ITA 357/PAT/2023[2015-16]Status: DisposedITAT Patna04 Dec 2025AY 2015-16

Bench: Shri Sonjoy Sarma & Shri Rakesh Mishra

Section 144Section 147Section 148Section 234ASection 250Section 271(1)(c)

provision of section 45(5A) of the Act), the capital gain arising in the hands of the landowner was governed by Section 45(1) of the Act, i.e., it was taxable in the year in which the transfer of capital assets took place. Any gain or loss arising from transfer ... Capital Asset shall be considered as a Capital Gain or Loss as the case may be. Section 45(1) of the Act, is charging section and provides that- "Any profits or gains arising from the transfer of a capital asset effected in the previous year shall, save as otherwise provided

Abdul Rahman Asad, Riyadh, Saudi Arabia vs. Deputy Commissioner of Income Tax, Intl. Tax 1(1)(1), New Delhi

In the result, the appeal filed by the assessee is allowed

ITA 2433/DEL/2025[2022-23]Status: DisposedITAT Delhi12 Nov 2025AY 2022-23

Bench: Shris.Rifaur Rahman & Shri Yogesh Kumar U.S.Abdul Rahman Asad, Vs. Dcit, House No.47, Behind Jain Mandi, Circle Int. Tax 1(1)(1), Mohalla Barihat, New Delhi. Bahraich – 271 801 (Uttar Pradesh). (Pan : Aofpa6981F) (Appellant) (Respondent) Assessee By : Shri Alok Vasant, Fca Ms. Poonam Ahuja, Advocate Revenue By : Shri Vikram Singh Sharma, Sr. Dr Date Of Hearing : 21.08.2025 Date Of Order : 12.11.2025 O R D E R Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income-Tax (Appeals), Delhi - 42 [“Ld. Cit(A)”, For Short] Dated 03.03.2025 For The Assessment Year 2022-23. 2. Brief Facts Of The Case Are, The Assessee Is A Non-Resident & Filed The Original Return Of Income For Ay 2022-23 On 27.07.2022 Declaring Taxable Income Of Rs.4,86,560/- (Income From House Property Rs.4,64,444/-, Income From Other Sources Rs.32,115/- & Loss From Long

For Appellant: Shri Alok Vasant, FCAFor Respondent: Shri Vikram Singh Sharma, Sr. DR
Section 199

written submissions which are reproduced below :- “In the facts of case, the legal submissions are summarized here-in-below: In terms of section 45(1) of the Act, gains/ losses arising on transfer of a capital asset is chargeable to income-tax under the head Capital Gains and is deemed

Ranjit Singh, Panchkula vs. Deputy Director, CPC Department

ITA 992/CHANDI/2025[2023-24]Status: DisposedITAT Chandigarh11 Nov 2025AY 2023-24

Bench: SHRI. LALIET KUMAR (Judicial Member), SHRI. KRINWANT SAHAY (Accountant Member)

For Appellant: Shri Suraj Bhan Nain, AdvocateFor Respondent: Shri Manav Bansal, CIT, DR

deals with transfer(s) by way of compulsory acquisition and not by way of transfers by way of sales etc., covered by section 45(1) of the 1961 Act. Secondly, section 45(5) of the 1961 Act talks about enhanced compensation or consideration which in terms

Labh Singh, Panchkula vs. Income Tax Officer, Ward No 2, Panchkula

ITA 725/CHANDI/2025[2015-16]Status: DisposedITAT Chandigarh11 Nov 2025AY 2015-16
For Appellant: Shri Suraj Bhan Nain, AdvocateFor Respondent: Shri Manav Bansal, CIT, DR

deals with transfer(s) by way of compulsory acquisition and not by way of transfers by way of sales etc., covered by section 45(1) of the 1961 Act. Secondly, section 45(5) of the 1961 Act talks about enhanced compensation or consideration which in terms

Bhupinder Singh, Ambala vs. Income Tax Officer, W-1, Ambala

ITA 528/CHANDI/2025[2014-15]Status: DisposedITAT Chandigarh11 Nov 2025AY 2014-15
For Respondent: Shri Suraj Bhan Nain, Advocate

deals with transfer(s) by way of compulsory acquisition and not by way of transfers by way of sales etc., covered by section 45(1) of the 1961 Act. Secondly, section 45(5) of the 1961 Act talks about enhanced compensation or consideration which in terms

Sh. Hakam Singh, Patiala vs. Income Tax Officer, Ward-4, Patiala

ITA 486/CHANDI/2025[2020-21]Status: DisposedITAT Chandigarh11 Nov 2025AY 2020-21

deals with transfer(s) by way of compulsory acquisition and not by way of transfers by way of sales etc., covered by section 45(1) of the 1961 Act. Secondly, section 45(5) of the 1961 Act talks about enhanced compensation or consideration which in terms

Balbir Singh, Sirsa, Haryana vs. ITO, Ward-1, Sirsa, Haryana

ITA 483/CHANDI/2025[2018-19]Status: DisposedITAT Chandigarh11 Nov 2025AY 2018-19
For Respondent: Shri Suraj Bhan Nain, Advocate

deals with transfer(s) by way of compulsory acquisition and not by way of transfers by way of sales etc., covered by section 45(1) of the 1961 Act. Secondly, section 45(5) of the 1961 Act talks about enhanced compensation or consideration which in terms

Bishan Chand, Chandigarh vs. Income Tax Officer, Ward 5 (5), Chandigarh

ITA 458/CHANDI/2025[2018-19]Status: DisposedITAT Chandigarh11 Nov 2025AY 2018-19
For Respondent: Shri Suraj Bhan Nain, Advocate

deals with transfer(s) by way of compulsory acquisition and not by way of transfers by way of sales etc., covered by section 45(1) of the 1961 Act. Secondly, section 45(5) of the 1961 Act talks about enhanced compensation or consideration which in terms

Sat Pal, Chandigarh vs. Income Tax Officer, Ward 5(5), Chandigarh

ITA 243/CHANDI/2025[2018-19]Status: DisposedITAT Chandigarh11 Nov 2025AY 2018-19

deals with transfer(s) by way of compulsory acquisition and not by way of transfers by way of sales etc., covered by section 45(1) of the 1961 Act. Secondly, section 45(5) of the 1961 Act talks about enhanced compensation or consideration which in terms

Narender Kaur, Kurukshetra, Haryana vs. Income Tax Officer Ward-1, Kurukshetra

ITA 165/CHANDI/2025[2018-19]Status: DisposedITAT Chandigarh11 Nov 2025AY 2018-19
For Respondent: Shri Suraj Bhan Nain, Advocate

deals with transfer(s) by way of compulsory acquisition and not by way of transfers by way of sales etc., covered by section 45(1) of the 1961 Act. Secondly, section 45(5) of the 1961 Act talks about enhanced compensation or consideration which in terms

Balvinder Singh, Fatehabad vs. ITO Ward-1, Fatehabad

ITA 153/CHANDI/2025[2013-14]Status: DisposedITAT Chandigarh11 Nov 2025AY 2013-14

deals with transfer(s) by way of compulsory acquisition and not by way of transfers by way of sales etc., covered by section 45(1) of the 1961 Act. Secondly, section 45(5) of the 1961 Act talks about enhanced compensation or consideration which in terms

Gurdeep Singh HUF, Chandigarh vs. ITO, Ward 5(5), Chandigarh

ITA 1153/CHANDI/2025[2020-21]Status: DisposedITAT Chandigarh11 Nov 2025AY 2020-21

deals with transfer(s) by way of compulsory acquisition and not by way of transfers by way of sales etc., covered by section 45(1) of the 1961 Act. Secondly, section 45(5) of the 1961 Act talks about enhanced compensation or consideration which in terms