Section 145A of the Income Tax Act

Income-tax Act, 2025: s.277

Section 145A of the Income-tax Act, 1961 corresponds to section 277 (Method of accounting in certain cases) of the Income-tax Act, 2025.

Read section 277 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 145A is CIT v. State Bank of Bikaner & Jaipur (43 Taxmann.com 411), cited in 524 of the 656 judgments on BharatTax that turn on this section.

Leading authorities on Section 145A

CIT v. State Bank of Bikaner & Jaipur
43 Taxmann.com 411 · 2014 · High Court
524
citing judgments

Employee contributions to provident fund, ESI, and other welfare funds, if deposited by the due date for furnishing the return of income under Section 139(1), are allowable as a deduction and cannot be disallowed under Section 36(1)(va) read with Section 2(24)(x) or Section 43B, even if deposited after the due date prescribed by the respective welfare Acts.

Rama Bai v. CIT
181 ITR 400 · 1990 · Supreme Court
258
citing judgments

Interest income is taxable on either an accrual or cash basis, determined by accounting principles. This method was applicable prior to legislative changes that simplified the taxation of interest income.

CIT v. Govindbhai Mamaiya
91 Taxmann.com 20 · 2018 · Supreme Court
205
citing judgments

Interest on enhanced compensation received under Section 28 of the Land Acquisition Act, 1894, is considered part of the compensation, not merely interest income, and is exigible to tax on a receipt basis.

V.M.Salgaocar & Bros.(P) Ltd. v. CIT
243 ITR 383 · 2000 · Supreme Court
189
citing judgments

An order by the Supreme Court dismissing a Special Leave Petition (SLP) at the threshold without detailed reasons does not constitute a declaration of law or a binding precedent. Such dismissal in limine offers no legal assistance.

Mahender Pal Narang v. CBDT
161 Taxmann.com 301 · 2024 · High Court
178
citing judgments

Interest received as enhanced compensation under Section 28 of the Land Acquisition Act, 1894, for compulsory acquisition of land is taxable as "income from other sources" under Sections 56(2)(viii) and 57(iv) of the Income-tax Act, 1961, and is not exempt under Section 10(37).

CIT v. Hindustan Coca Cola Beverages P Ltd.
331 ITR 192 · 2011 · High Court
152
citing judgments

The Principal Commissioner of Income Tax cannot exercise revisional jurisdiction under Section 263 if the Assessing Officer has taken one of two possible views on a debatable issue during assessment proceedings.

CIT v. Ganpat Ram Bisnoi
296 ITR 292 · 2008 · High Court
145
citing judgments

An assessment order cannot be revised under Section 263 for being erroneous due to a perceived lack of enquiry if the Assessing Officer has already conducted an enquiry, applied their mind, and accepted the assessee's explanation.

Movaliya Bhikhubhai Balabhai v. ITO TDS
388 ITR 343 · 2016 · High Court
128
citing judgments

Interest paid on compensation or enhanced compensation for compulsory acquisition of land forms part of the compensation itself and is not taxable as interest income under section 56(2)(viii) or section 145A.

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.

T.N.K. Govindaraju Chetty v. CIT
66 ITR 465 · 1967 · Supreme Court
89
citing judgments

Interest received under Sections 28 and 34 of the Land Acquisition Act, 1894, for delayed or enhanced compensation, is a revenue receipt and is taxable under the Income Tax Act.

Judgments on Section 145A

Gour Mohan Kundu, North 24 Parganas vs. ITO, Ward - 49(1), Kolkata

Appeal is partly allowed in above terms

ITA 1389/KOL/2018[2013-14]Status: DisposedITAT Kolkata04 Jan 2019AY 2013-14

Bench: Shri S.S, Godaraassessment Year:2013-14 Gour Mohan Kundu Income Tax Officer, बनाम / Motiganj,Jessore Road, Ward-49(1) Uttara V/S. Bongaon, North 240- Market Complex, Ds- Parganas-743235 2, Manicktala Civic Centre, 2Nd Floor, [Pan No.Agapk 6623 K] Kolkata-54 .. अपीलाथ" /Appellant ""यथ" /Respondent Shri S.P. Dutta, Advocate & अपीलाथ" क" ओर से/By Appellant Shri Soumen Sadhukhan, Advocate Shri Arindama Bhattacharya, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 01-01-2019 सुनवाई क" तार"ख/Date Of Hearing 04-01-2019 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R This Assessee’S Appeal For Assessment Year 2013-14, Arises Against The Commissioner Of Income-Tax (Appeals)-15, Kolkata’S Order Dated 08.03.2018 Passed In Case No.370/Cit(A)-15/155-16/Wd-49(1)/Kol Involving Proceedings U/S. 145 R.W.S. 143(3) Of The Income Tax Act, 1961; In Short ‘The Act’. Heard Both The Parties. Case File Perused. 2. Case File Suggests At The Outset That I Need Not Dig Into Deeper In Facts Of The Case Since The Issue Between The Parties Is That Of Estimation Of Net Profit Only. The Assessing Officer Treated Assessee’S Cash Deposits Other Than In Interest Of ₹1,77,73,703/- To Be Turnover From Assessee’S Edible Oil Trading Business. The Taxpayer Had Declared Net Profit Percentage Thereupon @ 2.22%. The Assessing Officer Rejected Its Books To Be Not Indicating True Picture To Re-Estimate The Same @ 8% Coming To ₹14,23,351/-. The Cit(A) Has Affirmed The Same.

Section 145Section 145A