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)

Shah & Chheda Homes P. Ltd., Navi Mumbai vs. CIT(Appeals)- 15, Mumbai

The appeal stand allowed in terms of our above order

ITA 1838/MUM/2020[2012-13]Status: DisposedITAT Mumbai04 Oct 2021AY 2012-13

Bench: Hon’Ble Shri Vikas Awasthy, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am (Hearing Through Video Conferencing Mode) आयकरअपील सं./ I.T.A. No. 1838/Mum/2020 (धििाारण वर्ा / Assessment Year: 2012-13) Shah & Chheda Homes Pvt. Ltd. Cit(A) – 15 6Th Floor, R. No. 610, 4, Mahavir Ornate, Plot No. 13B, बिाम/ Sector-11, Near Balaji Garden, Earnest House Vs. Koparkhairane, Nariman Point Navi Mumbai-400 709 Mumbai-400 021 स्थायीलेखासं./ जीआइआरसं./ Pan/Gir No. Aaacs-7318-G (अपीलाथी/Appellant) (प्रत्यथी / Respondent) : Assessee By : Shri Navin B. Gandhi– Ld. Ar Revenue By : Shri Vijay Kumar Menon – Ld. Sr. Dr सुनवाई की तारीख/ : 28/09/2021 Date Of Hearing घोषणा की तारीख / : 04/10/2021 Date Of Pronouncement आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Assessee For Assessment Year (Ay) 2012-13 Arises Out Of Order Of Learned Commissioner Of Income-Tax (Appeals)- 15, Mumbai [Cit(A)], Dated 28/08/2020 In The Matter Of Assessment Framed By Ld. Assessing Officer (Ao) U/S 143(3) On 23/03/2015. The Grounds Raised By The Assessee Read As Under:- The Hon'Ble Cit(A)-15,Mumbai Has Erred In Confirming Addition Made By The Ld.Ao [Acit -8(2)(1), Mumbai U/S 41(1)] Of Rs.2,08,19,001, On The Ground That "Liability Outstanding For A Long Period Of Time Is Assessable As Income Even If No Write-Back

For Appellant: Shri Navin B. Gandhi– Ld. ARFor Respondent: Shri Vijay Kumar Menon – Ld. Sr. DR
Section 143(3)Section 41(1)