Section 41(1) of the Income Tax Act

Income-tax Act, 2025: s.38

Section 41(1) falls under section 41 of the Income-tax Act, 1961, which corresponds to section 38 (Certain sums deemed as profits and gains of business or profession) of the Income-tax Act, 2025.

Read section 38 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 41(1) is Tuticorin Alkali Chemicals & Fertilizers Ltd. v. CIT (227 ITR 172), cited in 621 of the 1,943 judgments on BharatTax that turn on this section.

Leading authorities on Section 41(1)

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. Indo Nippon Chemicals Co. Ltd.
261 ITR 275 · 2003 · Supreme Court
204
citing judgments

A liability recognized in accordance with the Accounting Standards prescribed by the Institute of Chartered Accountants of India (ICAI) is an allowable expense for income tax purposes.

CIT v. Sugauli Sugar Works (P) Ltd.
236 ITR 518 · 1999 · Supreme Court
203
citing judgments

For the purpose of Section 41(1) of the Income-tax Act, a liability is considered to have ceased only when the creditor actively releases or writes off the amount, or when the liability ceases to exist in the assessee's books; mere expiry of the limitation period for recovery does not constitute cessation of 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.

Prakash Cotton Mills Pvt. Ltd. v. CIT
201 ITR 684 · 1993 · Supreme Court
133
citing judgments

Compensatory interest or damages paid for a breach of contract, arising in the normal course of business, are allowable as a deduction under section 37(1) as wholly and exclusively incurred for business purposes. This principle extends to indirect taxes paid in the course of business, which are admissible as business expenditure.

CIT v. Oswal Agro Mills Ltd.
341 ITR 467 · 2012 · High Court
108
citing judgments

The Legislature abolished terminal depreciation under section 32(1)(iii) and the taxing of balancing charge under section 41(2), replacing these provisions with the requirement to reduce sale proceeds of depreciable assets from the block of assets.

CIT v. Godawari Power & Ispat Ltd.
42 Taxmann.com 551 · 2014 · High Court
104
citing judgments

Inter-unit transfer of power by an industrial undertaking eligible for Section 80IA deduction constitutes a specified domestic transaction under Section 92BA, requiring valuation at arm's length. This decision clarifies the application of Section 80IA(8) and transfer pricing regulations for such transactions.

Maruti Udyog v. DCIT
92 ITD 119 · 2005 · ITAT
87
citing judgments

The onus is on the revenue to establish the nexus between expenses incurred and exempt income before making a disallowance under section 14A.

CIT v. Varas International
284 ITR 80 · Supreme Court
79
citing judgments

An appellate authority can admit additional legal grounds for the first time, even if not raised earlier, provided these grounds are purely legal, go to the root of the matter, and the relevant facts for their adjudication are already on record.

Judgments on Section 41(1)

Accurate Pressings, Faridabad vs. ITO, Ward- 1(1), Faridabad

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

ITA 5875/DEL/2025[2015-16]Status: DisposedITAT Delhi21 Jul 2026AY 2015-16

Bench: Shri Ramit Kochar & Shri Yogesh Kumar Us Accurate Pressings The Ito 24-A/2, Industrial Area, Ward 1(1), Faridabad-121001 V. Faridabad Haryana Haryana. Pan-Aanfa2688P (Appellant) (Respondent) Assessee By Shri Anil Kumar Gupta, Ca Department By Shri Ravi Kant Choudhary, Sr. Dr Date Of Hearing 28.04.2026 Date Of Pronouncement 21.07.2026 Order Per Ramit Kochar, Am: This Appeal In Ita No. 5875/Del/2025 For Assessment Year: 2015-16 Has Arisen From The Learned Cit(A)’S Appellate Order Dated 31.07.2025 U/S 250 Of The Income-Tax Act, 1961 (Hereinafter Called “The Act”) In Din No: Itba/Apl/M/250/ 2025-26/1079256579(1), Which In Turn Has Arisen From The Assessment Order Dated 29.03.2022 Passed By The Ao U/S 147 R.W.S 144 R.W.S. 144B Of The 1961 Act (Din No. Itba/Ast/S/147/2021-22/1041965040(1)). 2. Brief Facts Of The Case Are That The Assessee Is A Partnership Firm. The Case Of The Assessee Was Reopened By Revenue By Invoking Provisions Of Section 147/148 Of The 1961 Act, Inter-Alia, On The Grounds That While Computing The Taxable Income , The Assessee Has Also Made Deduction Of Rs. 54,10,183/- From Its Profit On Account Of Partners Capital Waived Off(We Will Confine Ourselves To This Disputed Issue As Other Issue Based On Which Reopening Of The Concluded Assessment Was Made Is Not Relevant For Us As No 2 Accurate Pressings V. Ito

Section 139Section 142(1)Section 147Section 148Section 250Section 271F