Section 45(1) of the Income Tax Act

Income-tax Act, 2025: s.67

Section 45(1) falls under section 45 of the Income-tax Act, 1961, which corresponds to section 67 (Capital gains) of the Income-tax Act, 2025.

Read section 67 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 45(1) is Morvi Industries Ltd. v. CIT (82 ITR 835), cited in 136 of the 84 judgments on BharatTax that turn on this section.

Leading authorities on Section 45(1)

Morvi Industries Ltd. v. CIT
82 ITR 835 · 1971 · Supreme Court
136
citing judgments

Income accrues when it becomes due, vesting the assessee with the right to claim the amount, even if payment is not immediate. It requires a corresponding liability from the other party to pay, emphasizing real rather than hypothetical accrual, particularly for assessees using the mercantile system of accounting.

Raja Bahadur Kamakhya Narain Singh v. CIT
77 ITR 253 · 1970 · Supreme Court
49
citing judgments

The Supreme Court clarifies the distinction between income chargeable as capital gains and income taxable as business profits, guiding the assessment of whether a transaction constitutes a transfer of a capital asset or is in the nature of trade.

CIT v. A.N.Naik Associates
265 ITR 346 · 2004 · High Court
24
citing judgments

Capital gains arising from the distribution of capital assets on the dissolution of a firm or other association of persons, or otherwise, are taxable under section 45(4) based on the fair market value of the asset on the date of transfer. This applies even to reconstitutions of partnership businesses as part of a family settlement.

Malabar Fisheries Co. v. CIT
120 ITR 49 · 1979 · Supreme Court
22
citing judgments

Distribution, division, or allotment of assets to partners upon dissolution of a firm is a mutual adjustment of rights and not a transfer of assets by the firm, as the firm does not hold separate rights in partnership assets.

TUV India (P.) Ltd. v. DCIT
110 Taxmann.com 175 · 2019 · ITAT
19
citing judgments

Addition should not be made when tax authorities fail to conduct inquiries with TDS deductors regarding discrepancies between Form 26AS and books of account, despite having the information and opportunity. Disallowance of expenses is arbitrary and against the rule of law if made without rejecting books of account or identifying specific discrepancies.

Tejinder Singh v. Dy. CIT
19 Taxmann.com 4 · 2012 · Reported
9
citing judgments
Kushal K. Bangia v. ITO
18 Taxmann.com 31 · 2012 · ITAT
8
citing judgments
Narain Dutt Sharma v. ITO
91 Taxmann.com 463 · 2018 · ITAT
6
citing judgments
ACIT (2010) 126 ITD 100 (MUM. TRIB.) 4. HULAS RAHUL GUPTA v. CIT
18 Taxmann.com 188 · 2012 · ITAT
5
citing judgments
Acumen Fund Advisory Services India Pvt. Ltd. v. DCIT
50 Taxmann.com 317 · 2014 · Reported
4
citing judgments

Judgments on Section 45(1)