Section 28(iv) of the Income Tax Act

Income-tax Act, 2025: s.26

Section 28(iv) 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(iv) is Tuticorin Alkali Chemicals & Fertilizers Ltd. v. CIT (227 ITR 172), cited in 621 of the 479 judgments on BharatTax that turn on this section.

Leading authorities on Section 28(iv)

Tuticorin Alkali Chemicals & Fertilizers Ltd. v. CIT
227 ITR 172 · 1997 · Supreme Court
621
citing judgments

Interest income earned on deposits, particularly before the commencement of business operations or as a requirement for business licensing, is taxable as "income from other sources" under Section 56, and cannot be treated as business income or set off against interest on borrowed funds.

CIT v. T.V. Sundaram Iyengar & Sons Ltd.
222 ITR 344 · 1996 · Supreme Court
223
citing judgments

Unclaimed deposits received in the course of trading transactions and sundry credit balances written back are taxable as business income under Section 41(1) of the Income-tax Act, 1961, as they constitute a cessation of trading liability.

CIT v. Mahindra & Mahindra Ltd.
404 ITR 1 · 2018 · Supreme Court
164
citing judgments

The waiver of a loan taken for acquiring capital assets is considered a capital receipt and is not taxable as income under Section 28(iv) of the Income Tax Act. The ruling distinguishes between the waiver of trading liabilities and capital liabilities for tax purposes.

Mahindra & Mahindra Ltd. v. CIT
261 ITR 501 · 2003 · High Court
147
citing judgments

Section 41(1) of the Income-tax Act cannot be invoked if the assessee has not been granted a deduction for the relevant liability in earlier years.

Solid Containers Ltd. v. DCIT
308 ITR 417 · 2009 · High Court
74
citing judgments

The write-back or waiver of a loan obtained for business purposes constitutes taxable business income under Section 28. This applies even if no prior deduction was claimed, thereby not attracting Section 41(1).

CIT v. Subhas Kabini Corporation Ltd.
385 ITR 592 · 2016 · High Court
51
citing judgments

Receipts arising from the sale of Carbon Emission Reduction (CERs) or carbon credits are capital receipts, not revenue receipts, for assessment years preceding the introduction of Section 115BBG.

CIT v. Ramaniyam Homes Pvt. Ltd.
384 ITR 530 · 2016 · High Court
48
citing judgments

Benefits received by a company from its business operations, such as waived loans not used for capital assets, are taxable under section 28(iv) of the Income-tax Act, 1961.

Oberoi Hotel Private Limited v. Commissioner of Income Tax
236 ITR 903 · 1999 · Supreme Court
42
citing judgments

Compensation received for the loss of a capital asset or the loss of a source of income is classified as a capital receipt and is not liable to income tax.

CIT v. Sulzer India Ltd.
369 ITR 717 · 2014 · High Court
38
citing judgments

Where an assessee discharges a future liability at its present value, it does not result in a "benefit" accruing to the assessee, and therefore, Section 41(1) of the Income Tax Act, 1961, is not applicable.

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.

Judgments on Section 28(iv)

Sh. Mahesh Prakash Sharma, New Delhi vs. ITO, New Delhi

In the result, appeal of the assessee is allowed

ITA 6113/DEL/2015[2007-08]Status: DisposedITAT Delhi19 Jan 2021AY 2007-08

Bench: Sh. H. S. Sidhuand, Sh. Anil Chaturvedi(Through Video Conferencing) Sh. Mahesh Prakash Vs. Ito, Sharma, Ward – 37(2), 430, Hawa Singh Block, New Delhi Asiad Village, New Delhi-110049 Pan : Aaaps 3525 F (Appellant) (Respondent) Assessee By Shri P. C. Yadav, Advocate Revenue By Shri Prakash Dubey, Sr. D.R. Date Of Hearing: 17.12.2020 Date Of Pronouncement: 19.01.2021 Order Per Anil Chaturvedi, Am: This Appeal Filed By The Assessee Is Directed Against The Order Of The Commissioner Of Income Tax (Appeals)-20, New Delhi Passed Under Section 143(3)/147 Of The Act, 1961 Order Dated 18.08.2015 For Assessment Year 2007-08. 2. The Relevant Facts As Culled From The Material On Records Are As Under: A.Ys. 2007-08 3. Assessee Is An Individual Stated To Be Doctor Deriving Income From Profession, Salary, House Property & Other Sources. Assessee Filed His Return Of Income For A.Y. 2007-08 Declaring Total Income At Rs.5,84,935/- & The Same Was Initially Processed U/S 143(1) Of The Act. Subsequently, The Case Was Reopened For Reassessment U/S 147 & Accordingly Notice U/S 148 Was Issued & Served Upon The Assessee. Thereafter, The Case Was Selected For Scrutiny & Assessment Was Framed U/S 147/143(3) Of The Act Vide Order Dated 11.03.2014 & The Total Income Was Determined At Rs. 15,84,940/-.

Section 132Section 143(1)Section 143(3)Section 147Section 148Section 28

ACIT, Circle-1, Jodhpur vs. Shri Gaj Singh, Jodhpur

ITA 85/JODH/2019[2013-14]Status: DisposedITAT Jodhpur21 Dec 2020AY 2013-14

Bench: Hon’Ble Shri Sandeep Gosain, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) 1. आयकरअपील सं./ I.T.A. No.85/Jodh/2019 ("नधा"रणवष" / Assessment Year: 2013-14) & 2. आयकरअपील सं./ I.T.A. No.86/Jodh/2019 ("नधा"रणवष" / Assessment Year: 2014-15) & 3. आयकरअपील सं./ I.T.A. No.141/Jodh/2019 ("नधा"रणवष" / Assessment Year: 2015-16) Acit–Circle-1 Shri Gaj Singh बनाम/ Jodhpur Umaid Bhawan Palace Vs. Rajasthan. Jodhpur, Rajasthan. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Afmps-5233-G (अपीलाथ"/Appellant) (""यथ" / Respondent) : & 4. C.O. No.08/Jodh/2019 (Arising Out Of Ita No.85/Jodh/2019) ("नधा"रणवष" / Assessment Year: 2013-14) & 5. C.O. No.09/Jodh/2019 (Arising Out Of I.T.A. No.86/Jodh/2019) ("नधा"रणवष" / Assessment Year: 2014-15) & 6. C.O. No.13/Jodh/2019 (Arising Out Of I.T.A. No.141/Jodh/2019) ("नधा"रणवष" / Assessment Year: 2015-16) Shri Gaj Singh Acit–Circle-1 बनाम/ Umaid Bhawan Palace Jodhpur Vs. Jodhpur, Rajasthan. Rajasthan. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Afmps-5233-G (अपीलाथ"/Appellant) (""यथ" / Respondent) :

For Appellant: Shri Rajiv Pandey and Ms. Dakshayani Pandey (CA)- LdFor Respondent: Shri A.S. Yadav - Ld. Sr. DR
Section 2(22)(e)Section 28

ACIT, Circle-1, Jodhpur vs. Shri Gaj Singh, Jodhpur

ITA 141/JODH/2019[2015-16]Status: DisposedITAT Jodhpur21 Dec 2020AY 2015-16

Bench: Hon’Ble Shri Sandeep Gosain, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) 1. आयकरअपील सं./ I.T.A. No.85/Jodh/2019 ("नधा"रणवष" / Assessment Year: 2013-14) & 2. आयकरअपील सं./ I.T.A. No.86/Jodh/2019 ("नधा"रणवष" / Assessment Year: 2014-15) & 3. आयकरअपील सं./ I.T.A. No.141/Jodh/2019 ("नधा"रणवष" / Assessment Year: 2015-16) Acit–Circle-1 Shri Gaj Singh बनाम/ Jodhpur Umaid Bhawan Palace Vs. Rajasthan. Jodhpur, Rajasthan. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Afmps-5233-G (अपीलाथ"/Appellant) (""यथ" / Respondent) : & 4. C.O. No.08/Jodh/2019 (Arising Out Of Ita No.85/Jodh/2019) ("नधा"रणवष" / Assessment Year: 2013-14) & 5. C.O. No.09/Jodh/2019 (Arising Out Of I.T.A. No.86/Jodh/2019) ("नधा"रणवष" / Assessment Year: 2014-15) & 6. C.O. No.13/Jodh/2019 (Arising Out Of I.T.A. No.141/Jodh/2019) ("नधा"रणवष" / Assessment Year: 2015-16) Shri Gaj Singh Acit–Circle-1 बनाम/ Umaid Bhawan Palace Jodhpur Vs. Jodhpur, Rajasthan. Rajasthan. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Afmps-5233-G (अपीलाथ"/Appellant) (""यथ" / Respondent) :

For Appellant: Shri Rajiv Pandey and Ms. Dakshayani Pandey (CA)- LdFor Respondent: Shri A.S. Yadav - Ld. Sr. DR
Section 2(22)(e)Section 28