Section 28(i) of the Income Tax Act

Income-tax Act, 2025: s.26

Section 28(i) falls under section 28 of the Income-tax Act, 1961, which corresponds to section 26 (Income under head “Profits and gains of business or profession") of the Income-tax Act, 2025.

Read section 26 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 28(i) is Radhasoami Satsang v. CIT (244 ITR 734), cited in 168 of the 55 judgments on BharatTax that turn on this section.

Leading authorities on Section 28(i)

Radhasoami Satsang v. CIT
244 ITR 734 · 2000 · High Court
168
citing judgments

The Revenue is bound by the rule of consistency and cannot adopt a divergent position in a subsequent assessment year unless there is a change in facts or law.

CEPT v. Shri Lakshmi Silk Mills Ltd.
20 ITR 451 · 1951 · Supreme Court
59
citing judgments

Income derived from leasing a business asset is considered business income under Section 28 of the Income-tax Act, 1961.

Ahmadabad in ACIT v. Goldmine Shares & Finance (P.) Ltd.
113 ITD 209 · 2008 · ITAT
37
citing judgments

Deductions under section 80IA are to be computed with reference to the profits of each eligible unit independently, without considering the profits or losses of other units. Each eligible unit is treated as a standalone entity for the purpose of calculating this deduction.

CIT v. Alchemic (P) Ltd.
130 ITR 168 · 1981 · High Court
37
citing judgments

Debt forgiveness constituting a monetary benefit does not attract Section 28(iv) of the Income Tax Act. Such a benefit is not income arising from business or profession.

CIT v. Seshasayee Industries Ltd. (Mad)
242 ITR 691 · High Court
34
citing judgments

A wrong decision, even if followed in earlier years, cannot be perpetuated on the basis of the principle of consistency if it contravenes the correct law and facts.

CIT v. L.G. Electronic (India) Ltd.
282 ITR 545 · 2006 · High Court
23
citing judgments

The setting up of a business and the commencement of a business are distinct events and do not necessarily occur on the same date. Expenses incurred before the commencement of business but after the setting up of business may be considered for determining profits.

Hotels P. Ltd. v. DCIT
373 ITR 494 · 2015 · High Court
21
citing judgments

Rental income from letting out a commercial complex is assessed as income from house property, not business income, where the assessee is not engaged in any business activity.

Assistant Commissioner of Income Tax, Tirupur v. Velayudhaswamy Spinning Mills (P.) Ltd.
76 Taxmann.com 176 · 2016 · Supreme Court
19
citing judgments

Profits of other businesses cannot be notionally brought forward and set off against profits of an eligible business under Section 80-IA(5) as the Income-Tax Act does not provide for such a mandate.

Income-tax Vs. Textool Co. Ltd. 135 ITR 200 (Mad.) Commissioner of Income-tax v. Investa Industrial Corporation Ltd.
119 ITR 380 · 1979 · High Court
18
citing judgments

The Supreme Court has held that the Tax Recovery Officer has the power to issue a prohibitory order under Section 222 of the Income Tax Act, 1961, even before the demand becomes final. This power is available when there is a certificate of arrears.

Berger Paints India Ltd. v. CIT
151 Taxmann 202 · 2006 · High Court
9
citing judgments

Judgments on Section 28(i)

Sri Sibendu Basu, Kolkata vs. DCIT, Cir.-54, Kolkata

In the result, the appeal of the assessee is dismissed

ITA 315/KOL/2017[2006-07]Status: DisposedITAT Kolkata22 Dec 2017AY 2006-07

Bench: Hon’Ble Shri P.M. Jagtap] I.T.A. No. 315/Kol/2017 Assessment Year : 2006-07 Shri Sibendu Basu.............................………………………………………….............Appellant 39A, Townshend Road, Ground Floor, Kolkata – 700 025 [Pan : Aecpb 9682 F] D.C.I.T. Cir-54 Kolkata...................……………………………………………….......Respondent 54/1, Rafi Ahmed Kidwai Road, Kolkata – 700 016 Appearances By: Shri Subash Agarwal, Advocate Appearing On Behalf Of The Assessee. Shri Satyajit Mondal, Addl. Cit Appearing On Behalf Of The Revenue. Date Of Concluding The Hearing : October 31, 2017 Date Of Pronouncing The Order : December 22, 2017 Order This Appeal Filed By The Assessee Is Directed Against The Order Of Ld. Cit (Appeals) – 21, Kolkata Dated 03.01.2017. 2. The Issue Involved In Ground No 1 Relates To The Addition Of Rs. 5,34,700/- Made By The A.O. & Confirmed By The Ld. Cit(A) On Account Of Disallowance Of Fund Mobilisation Expenses. 3. The Assessee In The Present Case Is An Individual Who Derives Income From Legal Profession, Commission & Brokerage From Insurance & Mutual Funds Companies, Long Term & Short Term Capital Gains Etc. The Return Of Income For The Year Under Consideration Was Filed By Him 30.10.2006 Declaring A Total Income Of Rs. 2,66,160/-. In The Profit & Loss Account Filed Along With The Said

Section 131