Section 45(5) of the Income Tax Act
The decision most relied on for Section 45(5) is CIT v. Ghanshyam (HUF) (315 ITR 1), cited in 363 of the 77 judgments on BharatTax that turn on this section.
Leading authorities on Section 45(5)
Interest received under Section 28 of the Land Acquisition Act, 1894, is considered part of the enhanced compensation on compulsory acquisition of land. It is taxable as 'capital gains' and not separately as 'interest income' under the head Income from Other Sources.
Interest income is taxable on either an accrual or cash basis, determined by accounting principles. This method was applicable prior to legislative changes that simplified the taxation of interest income.
A valid Tax Residency Certificate (TRC) serves as conclusive proof of an assessee's residency for the purpose of availing treaty benefits, unless specific instances of fraud or treaty shopping are proven by the revenue authorities.
Interest on enhanced compensation received under Section 28 of the Land Acquisition Act, 1894, is considered part of the compensation, not merely interest income, and is exigible to tax on a receipt basis.
An order dismissing a Special Leave Petition (SLP) at the threshold without detailed reasons does not constitute a declaration of law or a binding precedent.
A mere audit objection, by itself, is insufficient to infer that an Assessing Officer's order is erroneous or prejudicial to the interest of the Revenue for the purpose of initiating revisional proceedings.
Interest received as enhanced compensation under Section 28 of the Land Acquisition Act, 1894, for compulsory acquisition of land is taxable as "income from other sources" under Sections 56(2)(viii) and 57(iv) of the Income-tax Act, 1961, and is not exempt under Section 10(37).
The Principal Commissioner of Income Tax cannot exercise revisional jurisdiction under Section 263 if the Assessing Officer has taken one of two possible views on a debatable issue during assessment proceedings.
When a statute mandates a specific procedure for an act and imposes severe consequences for non-compliance, that requirement is mandatory and must be strictly followed. This principle underscores the strict construction of taxing statutes, requiring compliance in the prescribed manner and no other way.
An assessment order cannot be revised under Section 263 for being erroneous due to a perceived lack of enquiry if the Assessing Officer has already conducted an enquiry, applied their mind, and accepted the assessee's explanation.
Judgments on Section 45(5)
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