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)

Debashish Chatterjee, Howrah vs. ITO, Ward 48(3), Kolkata

In the result, the appeal filed by the assessee in this appeal is allowed for statistical purposes

ITA 850/KOL/2017[2011-12]Status: DisposedITAT Kolkata08 Nov 2017AY 2011-12

Bench: Sri J. Sudhakar Reddyi.T.A. No. 850 & 1280/Kol/2017 (Assessment Year: 2011-12 & 2012-13 Respectively) Debashish Chatterejee…….......................…….………………….………………………………..………Appellant [Pan : Ackpc 0262 A] Ito, Ward-48(3), Kolkata………..….……………………………………………….…………………...Respondent Appearances By: Shri Manish Tiwari, Fca, Appeared On Behalf Of The Appellant. Shri Gautam Patra, Addl. Cit, Appeared On Behalf Of The Respondent. Date Of Concluding The Hearing : October 18, 2017 Date Of Pronouncing The Order : November 8, 2017 Order These Two Appeals By The Assessee Are Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)-14, (Hereinafter The ‘Ld. Cit(A)’), Dated 30.11.2016 & 30.03.2017 Passed U/S 143(3) Of The Income Tax Act, 1961 (The ‘Act’) For The Assessment Year 2011-12 & 2012-13 Respectively: 2. The Grounds Of Appeal In Ita No.850/Kol/2017 A.Y 2011-12 Read As Follows: “1. That On The Facts & In The Circumstances Of The Case, Ld. Cit(A) Having Admitted That Loans Received From Wife, Mother & Brother In Earlier Year & Conversion Of Such Loan Into Capital A/C In The Present Year Although Does Not Attract To Provisions Of Section 41(1) Of Income Tax Act, 1961 Tantamounts To Profit & Gain From Business Within The Meaning Of Section 28(Iv) Of Income Tax Act, 1961. 2. That On The Facts & In The Circumstances Of The Case, Ld. Cit(A) Has Erred In Directing The Assessing Officer To Consider The Action Of The Appellant To Convert The Loan Into Capital A/C Amounting To Rs.25,70,000/- As Income U/S 28(Iv) Of I.T. Act Instead Of U/S 41(1) Of I.T Act, 1961. 3. That On The Facts & In The Circumstances Of The Case, Ld. Cit(A) Is Wrong & Unjustified In Dismissing The Assessee’S Appeal.

Section 143(3)Section 28Section 41(1)