Section 48 of the Income Tax Act

Income-tax Act, 2025: s.72

Section 48 of the Income-tax Act, 1961 corresponds to section 72 (Mode of computation of capital gains) of the Income-tax Act, 2025.

Read section 72 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 48 is CIT v. Walfort Share & Stock Brokers (P.) Ltd. (326 ITR 1), cited in 543 of the 1,457 judgments on BharatTax that turn on this section.

Leading authorities on Section 48

CIT v. Walfort Share & Stock Brokers (P.) Ltd.
326 ITR 1 · 2010 · Supreme Court
543
citing judgments

For attracting Section 14A disallowance, there must be a proximate cause relating the expenditure to actual tax-exempt income, and such disallowance is not automatic but requires positive material. Additionally, Section 94(7) on dividend stripping only ignores losses to the extent of dividend received for assessment years post-April 1, 2002, allowing the remaining loss.

Escorts Ltd. v. UOI
199 ITR 43 · 1993 · Supreme Court
267
citing judgments

A statute should not be construed to permit double deduction for the same expenditure unless specifically provided by law.

E.D. Sassoon & Co. Ltd. v. CIT
26 ITR 27 · 1954 · Supreme Court
256
citing judgments

Income is taxable only when it represents real income, not notional income. It accrues only when there is a vested right to receive it, typically upon the occurrence of a transfer or event, rather than merely on a time basis.

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.

Gramaphone Co. of India Ltd. v. Birendra Bahadur Pandey
132 Taxmann 373 · 2003 · Supreme Court
146
citing judgments
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.

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.

Nirma Industries Ltd. v. DCIT
283 ITR 402 · 2006 · High Court
136
citing judgments

Interest received on delayed payments for sales is considered part of the sale proceeds and is eligible for deduction under Section 80-IA as business income.

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).

Indian Express 498 Newspapers (Bombay) (P) Ltd. v. Union of India
1 SCC 641 · 1985 · Reported
109
citing judgments

The Supreme Court examined the validity of customs duty on newsprint in the context of Article 19(1)(a), emphasizing that the press advances public interest by publishing facts and opinions crucial for a democratic country.

Judgments on Section 48

ACIT 21(1), Mumbai vs. Arvind Kumar Aggarwal, Mumbai

In the result, appeal filed by the revenue is hereby dismissed and cross-objection filed by the assessee is hereby ordered to be partly allowed

ITA 910/MUM/2015[2011-12]Status: DisposedITAT Mumbai04 May 2018AY 2011-12

Bench: Shri R. C. Sharma, Am & Shri Amarjit Singh, Jm आयकर अपील सं/ I.T.A. No.910/Mum/2015 (निर्धारण वर्ा / Assessment Year: 2011-12) Acit-21(1) (Erstwhile बिधम/ Shri Arvind Kumar Aggarwal, Flat No.805-806, Acit-18(1) Room No. 116, Vs. El-Dorado Chsl, Vs Road, 1St Floor, Piramal Chambers, Prabhadevi, Mumbai-400028 Parel, Mumbai-400012 Co. No.147/Mum/2016 (Ita. No. 910/Mum/2015) (निर्धारण वर्ा / Assessment Year: 2011-12) Shri Arvind Kumar बिधम/ Acit-21(1) (Erstwhile Aggarwal, Flat No.805-806, Acit-18(1) Room No. 116, Vs. El-Dorado Chsl, Vs Road, 1St Floor, Piramal Chambers, Prabhadevi, Mumbai-400028 Parel, Mumbai-400012 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aacpm2137J (अपीलाथी /Appellant) .. (प्रत्यथी / Respondent) Revenue By: Shri V. Vidhyadhar (Dr) Assessee By: Shri Rajiv Khandelwal सुनवाई की तारीख / Date Of Hearing: 06.04.2018 घोषणा की तारीख /Date Of Pronouncement: 04.05.2018 आदेश / O R D E R Per Amarjit Singh, Jm: The Revenue As Well As Assessee Have Filed The Above Mentioned Appeals As Well As Cross Objection Against The Order Dated 27.11.2014 Passed By The Commissioner Of Income Tax (Appeals)-33, Mumbai [Hereinafter Referred To As The “Cit(A)”] Relevant To The A.Y.2011-12. Ita. No.910/M/15 Co. No. 147/M/2016 A.Y. 2011-12

For Appellant: Shri Rajiv KhandelwalFor Respondent: Shri V. Vidhyadhar (DR)
Section 10BSection 142(1)Section 143(2)Section 48Section 53ASection 54

Asiatic Gases Ltd., Kolkata vs. DCIT, Cir-4(1), Kolkata

In the result, assessee’s appeal stands partly allowed for statistical purposes

ITA 609/KOL/2016[2010-2011]Status: DisposedITAT Kolkata03 May 2018AY 2010-2011

Bench: Shri Waseem Ahmed & Shri S.S.Viswanethra Raviassessment Year:2010-11 Asiatic Gases Ltd., Dcit, Circle-4(1), बनाम Aayakar Bhawan,8Th 8, B.B. D. Bag (East), / Kolkata-700 001 Floor, Kolkata V/S. [Pan No.Aacca 4768 Q] .. अपीलाथ" /Appellant ""यथ" /Respondent Shri Anil Kochar, Advocate अपीलाथ" क" ओर से/By Appellant Shri S. Dasgupta, Addl. Cit-Dr ""यथ" क" ओर से/By Respondent 27-03-2018 सुनवाई क" तार"ख/Date Of Hearing 03-05-2018 घोषणा क" तार"ख/Date Of Pronouncement आदेश /O R D E R Per Waseem Ahmed:- This Appeal By The Assessee Is Directed Against The Order Of Commissioner Of Income Tax (Appeals)-16, Kolkata Dated 25.02.2016. Assessment Was Framed By Dcit, Circle-4, Kolkata U/S 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Vide His Order Dated 09.03.2013 For Assessment Year 2010-11. The Grounds Raised By The Assessee Per Its Appeal Are As Under:- “1. Ld. Cit(A) Should Have Deleted The Addition Of Bad Debts R.47767/- On The Basis Of Details Submitted Along With Written Submission As Marked Annexure ‘A’. 2. The Ld. Cit(A) Erred In Confirming The Action Of Ao For Addition Of Bad Debts Rs.477677/- Without Asking Any Details In Course Of Hearing By The Ao. 3. The Ld. Cit(A) Erred In Confirming The Action Of The Ao For Disallowing The Expenses Of Rs.285209/- As Claimed Against The Short Term Capital Gain. 4. The Ld. Cit(A) Show Have Not Given The Direction To The Ao To Assess The Short Term Capital Gain At Rs.1010723/- & Long Term Capital Loss Rs.9492855/- As Per Revised Income Statement Submitted Before Ao Along With Letter Dt. 29.01.13 & Also Before The Ld. Commissioner Of Income Tax (Appeals) Along With Written Submission As Marked Annexure ‘B’.

Section 143(3)