Section 45(2) of the Income Tax Act

Income-tax Act, 2025: s.67

Section 45(2) 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(2) is CIT v. Mohanbhai Pamabhai (91 ITR 393), cited in 31 of the 238 judgments on BharatTax that turn on this section.

Leading authorities on Section 45(2)

CIT v. Mohanbhai Pamabhai
91 ITR 393 · 1973 · High Court
31
citing judgments

The distribution of capital assets to a partner upon the dissolution of a partnership firm does not constitute a 'transfer' and is therefore not taxable as capital gains.

Addl. CIT v. Mohanbhai Pamabhai
165 ITR 166 · 1987 · Supreme Court
26
citing judgments

When a partner retires from a partnership firm and receives consideration, including a proportionate share of goodwill, it is not considered a transfer for capital gains tax purposes.

CIT v. Dewas Cine Corporation
68 ITR 240 · 1968 · Supreme Court
12
citing judgments

The distribution, division, or allotment of assets of a firm to its partners upon dissolution is a mutual adjustment of rights and not a sale, exchange, or transfer of assets, thus not attracting capital gains tax.

Chalasani Venkateswara Rao v. ITO
349 ITR 423 · 2012 · High Court
10
citing judgments

Sums received by a partner on retirement, representing balances in their capital or current account, are not taxable as capital gains as they do not constitute a 'transfer' of interest in the firm's assets under Section 2(47) of the Income Tax Act.

Dr. (Smt.) Sujatha Ramesh v. CBDT
401 ITR 242 · 2018 · High Court
10
citing judgments

A delay in investing in Section 54EC bonds can be condoned, and the deduction shall not be disallowed, particularly when the bonds were unavailable in the market within the prescribed period from the date of transfer. The Assessing Officer is directed to verify the facts and allow the deduction under Section 54EC.

CIT 236 ITR 515 5) Prashant S. Joshi Vs. ITO 324 ITR 154 (Bom) 6) Chalasani Venkatsara Rao v. ITO
141 ITR 674 · 1983 · High Court
9
citing judgments
Joshi Vs. ITO 324 ITR 154 (Bom) 6) Chalasani Venkatsara Rao v. ITO
171 ITR 128 · 1988 · High Court
9
citing judgments
CIT v. Mansukh Dyeing and Printing Mills
145 Taxmann.com 151 · 2022 · Supreme Court
7
citing judgments
Tax V. Dynamic Enterprises (2013) 40 Taxmann.com 318 (Kar) (iii) Commissioner of Income Tax v. P.N.Panjavani
21 Taxmann.com 458 · 2012 · High Court
5
citing judgments
Karnataka Agro Chemicals (2014) 49 Taxmann.com 324 (Kar). (ii) Commissioner of Income Tax v. Dynamic Enterprises
40 Taxmann.com 318 · 2013 · High Court
4
citing judgments

Judgments on Section 45(2)