Section 28 of the Income Tax Act

Income-tax Act, 2025: s.26

Section 28 of the Income-tax Act, 1961 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 is CIT v. Tata Elxsi Ltd. (349 ITR 98), cited in 818 of the 1,686 judgments on BharatTax that turn on this section.

Leading authorities on Section 28

CIT v. Tata Elxsi Ltd.
349 ITR 98 · 2012 · High Court
818
citing judgments

When computing deduction under Section 10A, if communication or telecommunication expenses are excluded from export turnover, they must also be excluded from total turnover to maintain consistency and apply the ordinary meaning of 'turnover' in context.

CIT v. Vinay Cements Ltd.
213 CTR 268 · 2007 · Supreme Court
422
citing judgments

Employees' contributions to provident fund and ESI are allowable as a deduction under Section 36(1)(va) read with Section 2(24)(x) if deposited by the assessee before the due date for filing the income tax return.

Brooke Bond India Ltd. v. CIT
225 ITR 798 · 1997 · Supreme Court
228
citing judgments

Expenditure incurred for increasing a company's share capital or expanding its capital base, such as expenses related to the issue of shares, constitutes capital expenditure. Such expenses are not deductible as revenue expenditure under Section 37(1) of the Income-tax Act, 1961, even if they incidentally benefit the business.

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.

Badridas Daga v. CIT
34 ITR 10 · 1958 · Supreme Court
181
citing judgments

A loss incurred by a businessman, such as money lost or advances written off, if it arises in the ordinary course of business, is a deductible trading loss. Such a loss is allowable as it is inherent or incidental to the business operations.

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).

Lissie Medical Institutions v. CIT
348 ITR 344 · 2012 · High Court
164
citing judgments

The Kerala High Court held that charitable institutions claiming exemption under Section 11 are not entitled to claim depreciation on assets used for charitable purposes, taking a view contrary to most other High Courts.

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.

Topman Exports v. CIT
342 ITR 49 · 2012 · Supreme Court
121
citing judgments

Export incentives, such as DEPB (Duty Entitlement Pass Book) and advance license benefits, constitute income taxable on an accrual basis under Section 28 of the Income-tax Act. Profit arising on the transfer of DEPB is not eligible for deduction under Section 80HHC.

Judgments on Section 28

DCIT, Chennai vs. Kavithtalaya Productions Pvt. Ltd., Chennai

In the result, the appeal filed by the Revenue is partly allowed for statistical purposes

ITA 1287/CHNY/2013[2009-10]Status: DisposedITAT Chennai12 Oct 2018AY 2009-10

Bench: Shri A. Mohan Alankamony & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A.No.1287/Chny/2013 िनधा"रण वष"/Assessment Year: 2009-2010 The Deputy Commissioner Of M/S. Kavithalaya Productions Pvt. Ltd., Income Tax, Media Circle 1, Vs. No. 34, Warren Road, Mylapore, Chennai. Chennai – 4. [Pan: Aaack2996E] (Appellant) (Respondent) अपीलाथ" की ओर से / Appellant By : Ms. S. Vijayaprabha, Jcit ""थ" की ओर से/Respondent By : Shri S. Sridhar, Advocate सुनवाई की तारीख/ Date Of Hearing : 31.07.2018 घोषणा की तारीख /Date Of Pronouncement : 12.10.2018 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) Vi, Chennai Dated 28.12.2012 Relevant To The Assessment Year 2009-10. The Revenue Has Raised Two Grounds Viz., (I) The Ld. Cit(A) Has Erred In Deleting The Disallowance Made Under Section 40(A)(Ia) Of The Income Tax Act, 1961 [“ Act” In Short] On The Sum Of ₹.3 Crores On The Ground That The Said Sum Was Directly Paid By M/S. Pyramid Saimira Entertainment Ltd. To M/S. Seven Arts Film & (Ii) The Ld. Cit(A) Has Erred In Holding That ₹.75 Lakhs Repaid To M/S. Pyramid Saimira

For Appellant: Ms. S. Vijayaprabha, JCITFor Respondent: Shri S. Sridhar, Advocate
Section 143(3)Section 194JSection 28Section 29Section 30Section 37Section 40Section 9(1)(vi)

ITO 10(2)(4), Mumbai vs. M.S. Luvish Projects (P) Ltd, Mumbai

In the result, the appeal filed by the revenue is hereby ordered to be dismissed

ITA 1247/MUM/2015[2011-12]Status: DisposedITAT Mumbai12 Oct 2018AY 2011-12

Bench: Shri G.S. Pannu, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.1247/Mum/2015 (निर्धारण वर्ा / Assessment Year: 2011-12) Ito 10(2)(4) बिधम/ M/S. M.S. Luvish Projects Room No. 213/216A, 2Nd (P) Ltd. Vs. Floor, Aayakar Bhavan, 102, Sani Armaa, Raut Lane, M.K. Road, Mumbai- Near Iscon Temple, Juhu 400020. Vile Parle (W), Mumbai-93. स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aaecm2300C (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri D.G. Pansari (Dr) Assessee By: Shri Mahaveer Jain (Ar) सुनवाई की तारीख / Date Of Hearing: 23.08.2018 घोषणा की तारीख /Date Of Pronouncement: 12.10.2018 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue Has Filed The Present Appeal Against The Order Dated 12.12.2014 Passed By The Commissioner Of Income Tax (Appeals) -17, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2011- 12. 2. The Revenue Has Raised The Following Grounds: - "1 "Whether On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Erred In Holding The Rental Receipts As Business Receipts Without Considering That The Assessee Has Received The Rent For Allowing User Of The A.Y.2011-12

For Appellant: Shri Mahaveer Jain (AR)For Respondent: Shri D.G. Pansari (DR)
Section 115JSection 143(1)Section 143(2)Section 80I