Section 45 of the Income Tax Act

Income-tax Act, 2025: s.67

Section 45 of the Income-tax Act, 1961 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 is CIT v. B.C. Srinivasa Setty (128 ITR 294), cited in 628 of the 1,374 judgments on BharatTax that turn on this section.

Leading authorities on Section 45

CIT v. B.C. Srinivasa Setty
128 ITR 294 · 1981 · Supreme Court
628
citing judgments

When the cost of acquisition of a capital asset cannot be determined, the computation mechanism for capital gains fails, and thus no capital gains can be charged. This establishes a broader principle that a charging section cannot operate in the absence of specific machinery provisions for computation.

CIT v. Balbir Singh Maini
398 ITR 531 · 2017 · Supreme Court
228
citing judgments

A transfer of immovable property, for the purpose of capital gains under section 2(47)(v) of the Income-tax Act, occurs only when the agreement allowing possession in part performance of a contract is a registered instrument, as mandated by Section 53A of the Transfer of Property Act.

Chaturbhuj Dwarkadas Kapadia v. CIT
260 ITR 491 · 2003 · High Court
150
citing judgments

For capital gains purposes, a 'transfer' under section 2(47)(v) occurs and capital gains arise in the year when possession of the property is handed over in part performance of a contract, such as a joint development agreement. This was the settled position before the specific provisions of section 45(5A) were introduced.

CIT v. D.P. Sandhu & Bros.
273 ITR 1 · 2005 · Supreme Court
140
citing judgments

Surrender of tenancy rights is a transfer of a capital asset, and the consideration received is a capital receipt subject to capital gains tax. If the cost of acquisition cannot be determined, the transfer of such an asset was not taxable under capital gains prior to the amendment of Section 55(2) in 1995.

Venkataswami Naidu & Co. v. CIT
35 ITR 594 · 1959 · Supreme Court
133
citing judgments

A transaction is considered an adventure in the nature of trade, constituting business income, if there is a pre-determination to sell an asset at a profit. Conduct prior to purchase, as well as subsequent improvements, are relevant in determining the character of the transaction.

CIT v. Manjula J. Shah
355 ITR 474 · 2013 · High Court
113
citing judgments

For capital assets acquired by gift or will, the indexed cost of acquisition under Section 48 is computed with reference to the year the previous owner first held the asset. The period of holding for determining if an asset is long-term also includes the previous owner's holding period, as per Section 2(42A).

A. R. Krishnamurthy v. CIT
176 ITR 417 · 1989 · Supreme Court
85
citing judgments

The cost of acquiring leasehold rights can be determined, and the transfer of such rights, including mining leases, constitutes a transfer of a capital asset, making any surplus on such transfer taxable as capital gains.

CIT v. Chugandas and Co.
55 ITR 17 · 1965 · Supreme Court
83
citing judgments

When a taxpayer's sole source of income is from the letting out of properties, such rental income is to be assessed under the head 'Income from House Property'.

CIT v. George Henderson & Co. Ltd.
66 ITR 622 · 1967 · Supreme Court
82
citing judgments

The 'full value of consideration' for computing capital gains under Section 48 of the Income Tax Act, 1961 (or its predecessor, Section 12B of the 1922 Act), means the actual price bargained for and received or accrued by the parties. It does not refer to the market value or any notional value of the asset transferred.

CIT v. Hariprasad & Company Pvt. Ltd.
99 ITR 118 · 1975 · Supreme Court
78
citing judgments

The terms 'income' or 'profits and gains' are inclusive of losses, signifying that losses are 'minus income' to be factored into the computation of taxable income. Therefore, set-off and carry forward provisions for losses apply exclusively to taxable income or gains and cannot be pressed into service against non-taxable gains, such as those exempt under a DTAA or other specific provisions.

Judgments on Section 45

M/S. Thirumagal Alloys Pvt. Ltd., Dharmapuri vs. ACIT, Circle-1, Hosur

In the result, both the appeals filed by the assessee are dismissed

ITA 3243/CHNY/2019[2013-14]Status: DisposedITAT Chennai12 Oct 2022AY 2013-14

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No. 2913/Chny/2018 िनधा"रण वष"/Assessment Year:2013-14 M/S. Thirumagal Alloys Pvt Ltd., Vs. The Principal Commissioner Of No. 5/95, Cmelbatchhapet, Income Tax, Salem. Sennimalai Gardens, Harur, Tamil Nadu 636 903. [Pan:Aabck1431D] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.3243/Chny/2019 िनधा"रण वष"/Assessment Year:2013-14 M/S. Thirumagal Alloys Pvt Ltd., Vs. The Assistant Commissioner Of No. 5/95, Cmelbatchhapet, Income Tax, Sennimalai Gardens, Harur, Circle I, Salem. Tamil Nadu 636 903. (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Vasudevan, Advocate ""थ" की ओर से/Respondent By : Shri M. Murali, Cit सुनवाई की तारीख/ Date Of Hearing : 21.09.2022 घोषणा की तारीख /Date Of Pronouncement : 12.10.2022 आदेश /O R D E R Per V. Durga Rao,: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Of The Ld. Principal Commissioner Of Income Tax, Salem, Dated 01.03.2018 Passed Under Section 263 Of The Income Tax Act, 1961

For Appellant: Shri T. Vasudevan, AdvocateFor Respondent: Shri M. Murali, CIT
Section 139(1)Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 263

Thirumagal Alloys Pvt. Ltd., Harur vs. ACIT Circle 1, Hosur

In the result, both the appeals filed by the assessee are dismissed

ITA 2913/CHNY/2018[2013-14]Status: DisposedITAT Chennai12 Oct 2022AY 2013-14

Bench: Shri V. Durga Rao & Shri Manoj Kumar Aggarwalआयकर अपील सं./I.T.A. No. 2913/Chny/2018 िनधा"रण वष"/Assessment Year:2013-14 M/S. Thirumagal Alloys Pvt Ltd., Vs. The Principal Commissioner Of No. 5/95, Cmelbatchhapet, Income Tax, Salem. Sennimalai Gardens, Harur, Tamil Nadu 636 903. [Pan:Aabck1431D] (अपीलाथ"/Appellant) (""थ"/Respondent) आयकर अपील सं./I.T.A. No.3243/Chny/2019 िनधा"रण वष"/Assessment Year:2013-14 M/S. Thirumagal Alloys Pvt Ltd., Vs. The Assistant Commissioner Of No. 5/95, Cmelbatchhapet, Income Tax, Sennimalai Gardens, Harur, Circle I, Salem. Tamil Nadu 636 903. (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri T. Vasudevan, Advocate ""थ" की ओर से/Respondent By : Shri M. Murali, Cit सुनवाई की तारीख/ Date Of Hearing : 21.09.2022 घोषणा की तारीख /Date Of Pronouncement : 12.10.2022 आदेश /O R D E R Per V. Durga Rao,: Both The Appeals Filed By The Assessee Are Directed Against Different Orders Of The Ld. Principal Commissioner Of Income Tax, Salem, Dated 01.03.2018 Passed Under Section 263 Of The Income Tax Act, 1961

For Appellant: Shri T. Vasudevan, AdvocateFor Respondent: Shri M. Murali, CIT
Section 139(1)Section 142(1)Section 143(1)Section 143(2)Section 143(3)Section 263

ACIT, Ncc - 11 (1), Chennai vs. Shri Anil Kumar Shantichand Mehta, Chennai

In the result, the appeal filed by the Revenue is dismissed

ITA 302/CHNY/2020[2016-17]Status: DisposedITAT Chennai28 Sept 2022AY 2016-17

Bench: Shri V. Durga Rao & Shri G. Manjunathaआयकर अपील सं./I.T.A. No.302/Chny/2020 िनधा"रण वष"/Assessment Year: 2016-17 The Assistant Commissioner Of Vs. Shri Anil Kumar Shantichand Mehta, Income Tax, No. 196, Govindappa Naicken Street, Non Corporate Circle 11(1), George Town, Chennai 600 001. Chennai 600 006. [Pan:Aavps4928E] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri P. Sajit Kumar, Jcit ""थ" की ओर से/Respondent By : Shri D. Anand, Advdocate सुनवाई की तारीख/ Date Of Hearing : 02.08.2022 घोषणा की तारीख /Date Of Pronouncement : 28.09.2022 आदेश /O R D E R Per V. Durga Rao: This Appeal Filed By The Revenue Is Directed Against The Order Of The Ld. Commissioner Of Income Tax (Appeals) 13, Chennai, Dated 21.11.2019 Relevant To The Assessment Year 2016-17. The Revenue Has Raised The Following Grounds: 1. The Order Of The Learned Cit (A) Is Contrary To Facts & Circumstances Of The Case. 2. The Cit(A) Erroneously Held That The Assessee Had Not Claimed Exemption U/S.10(37) [P.8.2] Though The Assessee, Vide His Letter Dated 26-12-2018 Stated "The Compensation Of Rs.7,62,40,126/- Received Was Claimed Exempt U/S.10(37), However, It Was Erroneously Omitted To Be Mentioned In The Return Of Income Filed."

For Appellant: Shri P. Sajit Kumar, JCITFor Respondent: Shri D. Anand, Advdocate
Section 10(37)Section 2(14)(iii)Section 34Section 45Section 57

Cellan Gunaseelan, Chennai vs. ACIT Non Corporate Circle 3(1), Chennai

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

ITA 2717/CHNY/2017[2011-12]Status: DisposedITAT Chennai20 Sept 2022AY 2011-12

Bench: Shri Mahavir Singhand Shri G. Manjunathaआयकरअपीलसं./Ita No.: 2717/Chny/2017 िनधा"रण वष"/Assessment Year: 2011 - 12 Shri Cellan Gunaseelan, The Acit, No.6, Jayammal Road, Vs. Non-Corporate Circle 3(1), Teynampet, Chennai. Chennai – 600 018. Pan: Aampg 2229F (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri S. Sridhar, Advocate ""यथ" क" ओर से/Respondent By : Shri Chinthapalli Mehar Chand, Jcit सुनवाई क" तार"ख/Date Of Hearing : 20.09.2022 घोषणा क" तार"ख/Date Of Pronouncement : 20.09.2022 आदेश /O R D E R Per Mahavir Singh: This Appeal By The Assessee Is Arising Out Of The Order Of The Commissioner Of Income Tax (Appeals)-4, Chennai, In Ita No.141/2016-17/A.Y.2011-12/Cit(A)-4 Dated 27.09.2017. The Assessment Was Framed By The Acit, Non-Corporate Circle 3(1), Chennai For The Assessment Year 2011-12 U/S.147 (3) R.W.S 144 Of The Income Tax Act, 1961 (Hereinafter The ‘Act’) Vide Order Dated 27.09.2017. 2. The First Issue In This Appeal Of Assessee Is As Regards To Reopening Of Assessment & Assumption Of Jurisdiction By The Ao U/S.147 Of The Act, Confirmed By The Cit(A). At The Outset, The Ld.Counsel For The Assessee Has Not Pressed This Issue & Hence, The Same Is Dismissed As Not-Pressed.

For Appellant: Shri S. Sridhar, AdvocateFor Respondent: Shri Chinthapalli Mehar Chand, JCIT
Section 147Section 45Section 54F