Section 145(1) of the Income Tax Act

The decision most relied on for Section 145(1) is CIT v. Dilip Singh Sardarsingh Bagga (201 ITR 995), cited in 40 of the 31 judgments on BharatTax that turn on this section.

Leading authorities on Section 145(1)

CIT v. Dilip Singh Sardarsingh Bagga
201 ITR 995 · 1993 · High Court
40
citing judgments

Registration of a motor vehicle under the Motor Vehicles Act is not a prerequisite for claiming depreciation under the Income Tax Act. Beneficial ownership and actual use for business purposes are sufficient.

Catholic Syrian Bank Ltd. v. ACIT
38 SOT 553 · 2010 · ITAT
37
citing judgments

A claim for amortization of premium is allowable as a debit to the Profit and Loss account, provided the assessee has the power to make such a debit. This is supported by various Tribunal decisions and Board Instructions.

CIT v. Basti Sugar Mills Co. Ltd.
257 ITR 88 · 2002 · High Court
34
citing judgments

Depreciation on a vehicle cannot be denied solely because the transfer was not recorded under the Motor Vehicles Act or the vehicle stood in the vendor's name in official records, if the assessee can establish ownership.

Prestige Estate Projects (P) Ltd. v. DCIT
33 DTR 514 · 2010 · ITAT
28
citing judgments

A real estate developer adopting the completed contract method of accounting cannot be forced to follow the percentage completion method under AS-7 if AS-7 has not been specified by the Central Government under section 145(2). The Assessing Officer cannot reject accounts under section 145(3) solely on this ground.

86 Taxmann.com 137 (SC) 16. K. Venkataramaiah v. A. Setharam Reddy & Ors., 1963 AIR 1526 17. ITO vs. B.N. Bhattacharya
112 ITR 423 · 1978 · High Court
27
citing judgments

The Income Tax Appellate Tribunal has the discretion to admit additional evidence at the appellate stage if it is necessary to do substantial justice, even if not produced before the lower authorities. This discretion can be exercised if the evidence is crucial to a just decision, particularly when the Tribunal itself deems it necessary to clarify obscure aspects for a more satisfactory judgment.

CIT v. Hughes
215 Taxmann 136 · 2013 · High Court
20
citing judgments
CIT v. Realest Builders & Services Ltd. 216 CTR (SC) 345
382 ITR 630 · 2016 · High Court
20
citing judgments
CIT v. Federal Bank
301 ITR 188 · 2008 · High Court
19
citing judgments
Kannur District Cooperative Bank v. CIT
365 ITR 343 · 2014 · High Court
19
citing judgments
Munjal Showa Ltd. v. DCIT
94 TTJ 227 · 2005 · ITAT
18
citing judgments

Judgments on Section 145(1)

COMMERCIAL TRANSPORT ORGANISATION,MUMBAI vs. ACIT, 27(1), MUMBAI, VASHI, NAVI MUMBAI

In the result, appeal of the assessee is partly allowed

ITA 4965/MUM/2025[2014-15]Status: DisposedITAT Mumbai23 Dec 2025AY 2014-15

Bench: Shri Sandeep Gosain & Shri Girish Agrawalassessment Year: 2014-15 Commercial Transport Vs Assistant Commissioner Of Organisation Income Tax - 27(1), 1St Floor, B 112, Navi Mumbai Arjun Centre, Govandi East, Mumbai - 400088 (Pan: Aagfc6565J) Appellant Respondent Present For: Assessee By : Mr. Subodh Ratnaparkhi, Ca Revenue By : Mr. Virabhadra S. Mahajan, Sr. Dr Date Of Hearing : 25.09.2025 Date Of Pronouncement : 23.12.2025 O R D E R Per Girish Agrawal: This Appeal Filed By The Assessee Is Against The Order Of Cit(A), National Faceless Appeal Centre (Nfac), Delhi Vide Order No. Itba/Nfac/S/250/2025-26/1077843575(1), Dated 26.06.2025 Passed Against The Assessment Order By Acit, 27(1), Mumbai U/S.143(3) Of The Income-Tax Act, 1961 (Hereinafter Referred To As The “Act”), Dated 31.12.2016 For Ay 2014-15. 2. Grounds Taken By The Assessee Are Reproduced As Under: “1. The Hon Cit(A) Erred In Upholding The Addition Of Rs.1,07,12,240/- Made By The Ld Ao, As Estimated Income, After Rejecting The Books Of Accounts U/S 145(3) Of The I.T Act 1961. The Addition Of Rs.1,07,12,240/- Being Not Warranted By Facts & In Law May Kindly Be Deleted.

For Appellant: Mr. Subodh Ratnaparkhi, CAFor Respondent: Mr. Virabhadra S. Mahajan, Sr. DR
Section 143(3)Section 145(3)Section 40A(3)

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