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)

Summit Online Trade Solutions Pvt Ltd., Chennai vs. ACIT Central Circle 1(3)(I/C), Chennai

In the result, the appeal filed by the assessee is partly allowed

ITA 1081/CHNY/2019[2015-16]Status: DisposedITAT Chennai27 Sept 2019AY 2015-16

Bench: Shri Inturi Rama Rao & Shri Duvvuru Rl Reddyआयकर अपील सं./I.T.A. No. 1081/Chny/2019 िनधा"रण वष"/Assessment Year: 2015-16 M/S. Summit Online Trade Solutions The Assistant Commissioner Of Pvt. Ltd., No. 6, Ground Floor, Rayala Vs. Income Tax, Towers, 781-785, Anna Salai, Mount Central Circle 1(3), Road, Chennai 600 002. Chennai. [Pan:Aalcs8098J] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri D. Anand, Advocate & Shri Sriraj Gokavarapu, Ca ""थ" की ओर से/Respondent By : Shri Sridhar Dora, Jcit सुनवाई की तारीख/ Date Of Hearing : 23.07.2019 घोषणा की तारीख /Date Of Pronouncement : 27.09.2019 आदेश /O R D E R Per Duvvuru Rl Reddy: This Appeal Filed By The Assessee Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 18, Chennai, Dated 20.02.2019 Relevant To The Assessment Year 20015-16. In The Grounds Of Appeal, The Assessee Has Challenged The Order Of The Ld. Cit(A) In Confirming The Addition Of ₹.80,53,26,740/- Being Variation In Additional Income Admitted By Virtue Of Service Tax Refund Brought To Tax Under Section 41(1) Of The Income

For Appellant: Shri D. Anand, Advocate &For Respondent: Shri Sridhar Dora, JCIT
Section 132Section 132(4)Section 143(3)Section 14ASection 41(1)

M/S. Shree Sagar Industries, Mehsana vs. The Income Tax Officer, Ward-3, Himatnagar

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

ITA 1256/AHD/2017[2012-13]Status: DisposedITAT Ahmedabad25 Sept 2019AY 2012-13

Bench: Shri Waseem Ahmed & Ms. Madhumita Royआयकर अपील सं./Ita No. 1256/Ahd/2017 ("नधा"रण वष"/Assessment Year : 2012-13) बनाम/ M/S.Shree Sagar Industries The Ito C/O. Patel Rajubhai M Ward-3, Vs. A-45, Shakuntala Society Himanatnagar Vijapur,Dist.Mehsana 384002 "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Abmfs1529F (अपीलाथ"/Appellant) (""यथ" / Respondent) .. अपीलाथ" ओर से/ Appellant By : Shri M.S. Chhajed, Ar ""यथ" क" ओर से/Respondent By: Shri Mudit Nagapal, Dr सुनवाई क" तार"ख/ Date Of Hearing 09/07/2019 घोषणा क" तार"ख /Date Of Pronouncement 25/09/2019 आदेश / O R D E R Per Waseem Ahmed: The Captioned Appeal Has Been Filed At The Instance Of The Assessee Against The Order Of The Commissioner Of Income Tax (Appeals)–7, Ahmedabad [Cit(A) In Short] Vide Appeal No.Cit(A)-7/446/14-15 Dated 20/02/2017 Arising In The Assessment Order Passed Under S.143(3) R.W.S.144 Of The Income Tax Act, 1961(Hereinafter Referred To As "The Act") Dated 13/01/2015 Relevant To Assessment Year (Ay) 2012-13. The Assessee Has Raised The Following Grounds Of Appeal:-

For Appellant: Shri M.S. Chhajed, ARFor Respondent: Shri Mudit Nagapal, DR
Section 133(6)Section 143(3)Section 41(1)Section 68