Section 145(1) of the Income Tax Act

Income-tax Act, 2025: s.276

Section 145(1) falls under section 145 of the Income-tax Act, 1961, which corresponds to section 276 (Method of accounting) of the Income-tax Act, 2025.

Read section 276 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 145(1) is CIT v. Dilip Singh Sardarsingh Bagga (201 ITR 995), cited in 40 of the 103 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

Amortization of premium on purchase of government securities is allowable as a deduction if it is in line with RBI's prudential norms and the assessee follows a consistent accounting system.

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 Assessing Officer can admit additional evidence during assessment proceedings if it is necessary to determine the true total income of the assessee.

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

Interest on securities becomes due and receivable only upon maturity and cannot be taxed prior to maturity. The entitlement to interest arises only at that point.

Kannur District Cooperative Bank v. CIT
365 ITR 343 · 2014 · High Court
19
citing judgments

Cooperative banks are eligible to claim deduction under both limbs of Section 36(1)(viia) for all types of loans and advances extended by their rural branches.

Munjal Showa Ltd. v. DCIT
94 TTJ 227 · 2005 · ITAT
18
citing judgments

Foreign currency, and therefore derivative/forward contracts in respect of foreign currency, cannot be considered a commodity for the purpose of speculative transaction provisions. Such contracts entered into for hedging foreign exchange fluctuations are not speculative.

Judgments on Section 145(1)

Mr. Mahesh C Shah, Mumbai vs. CIT(A)-6, Mumbai

In the result, the appeal of the assessee is partly allowed

ITA 838/MUM/2023[2009-10]Status: DisposedITAT Mumbai14 Jul 2023AY 2009-10

Bench: Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.838/Mum/2023 (निर्धारण वर्ा / Assessment Year: 2009-10) M/S. Mahesh C Shah बिधम/ Cit(A)-6 3Rd Floor, Room No. 10, A B-208, Ramdev Park Chsl, Vs. Chandavarkar Road, Next To Wing, Mittal Court, Sp Mukherjee Garden, Nariman Point, Mumbai- Borivali (West)-400002. 400021. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aadps1521R (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: None Revenue By: Shri Dharmvir D Yadav (Sr. Dr) सुनवाई की तारीख / Date Of Hearing: 28/06/2023 घोषणा की तारीख /Date Of Pronouncement: 14/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Cit(A)-06, Mumbai Dated 15.03.2019 For Ay. 2009-10. 2. None Appeared On Behalf Of The Assessee. 3. Brief Facts Are That The Assessee Is A Proprietor Of A Firm Named M/S. Haresh Trading Co, Which Is Dealing With Trading Of Electrical Components. The Assessee Had Filed The Return Of Income On 30.09.2009 For Ay. 2009-10 Declaring Total Income Of Rs.3,09,973/-. Later, The Assessment Was Reopened U/S 147 Of The Income Tax Act, 1961 (Hereinafter “The Act’) By Issuance Of Notice U/S 148 Of The Act After Recording The Reasons. The Ao Noted That He Received Information From The Dgit(Inv.), Mumbai That During The Relevant Year, The Assessee Had Dealt With Thirteen (13) Parties Who Were Hawala Operators Which Information The Investigation Wing (Dgit) Received

For Appellant: NoneFor Respondent: Shri Dharmvir D Yadav (Sr. DR)
Section 144Section 147Section 148

Dy CIT, Circle-4(3)(1), Mumbai vs. M/S. Jefferies India P. Ltd., Mumbai

In the result, the appeal filed by the revenue is hereby dismissed and cross objection filed by the assessee is hereby partly allowed

ITA 457/MUM/2021[2014-15]Status: DisposedITAT Mumbai11 Apr 2022AY 2014-15

Bench: Shri Amarjit Singh, Jm & Gagan Goyal, Am आयकर अपील सं/ I.T.A. No.457/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2014-15) Dcit, Cir 4(3)(1) बिधम/ M/S. Jefferies India Pvt. Ltd. Room No.649, 6Th Floor, 42 & 43, 2 North Avenue, Vs. Aayakar Bhavan, M. K. Bandra-Kurla Complex, Bandra (E), Mumbai- Road, Mumbai-400020. 400051. & Cross Objection No.151/Mum/2021 आयकर अपील सं/ I.T.A. No. 457/Mum/2021 (निर्धारण वर्ा / Assessment Year: 2014-15) M/S. Jefferies India Pvt. Ltd. बिधम/ Dcit, Cir 4(3)(1) Room No.649, 6Th Floor, 42 & 43, 2 North Avenue, Vs. Bandra-Kurla Complex, Aayakar Bhavan, M. K. Bandra (E), Mumbai- Road, Mumbai-400020. 400051. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aabcj7850R (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri Achal Sharma Assessee By: Shri M.P. Lohia/Nikhil Tiwari सुनवाई की तारीख / Date Of Hearing: 24/02/2022 घोषणा की तारीख /Date Of Pronouncement: 11/04/2022 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue As Well As Assessee Have Filed The Above Mentioned Appeal As Well As Cross-Objection Against The Order Dated 05.02.2020 Passed By The Commissioner Of Income Tax (Appeals)-22, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2014-15. C.O. No.151/Mum/2021 A.Y.2014-15

For Appellant: Shri M.P. Lohia/Nikhil TiwariFor Respondent: Shri Achal Sharma
Section 143(2)Section 145(1)