Section 5(1) of the Income Tax Act

Income-tax Act, 2025: s.5

Section 5(1) falls under section 5 of the Income-tax Act, 1961, which corresponds to section 5 (Scope of total income) of the Income-tax Act, 2025.

Read section 5 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 5(1) is Page 32 of 66 CIT, (1954) 26 ITR 27 (SC), CIT v. Ashokbhai Chaamanbhai (56 ITR 42), cited in 69 of the 1,811 judgments on BharatTax that turn on this section.

Leading authorities on Section 5(1)

Page 32 of 66 CIT, (1954) 26 ITR 27 (SC), CIT v. Ashokbhai Chaamanbhai
56 ITR 42 · 1965 · Supreme Court
69
citing judgments

Income accrues or arises to an assessee when the right to receive it vests with the assessee, not necessarily upon actual receipt.

CIT v. Shree Rajasthan Syntex Ltd.
313 ITR 231 · 2009 · High Court
55
citing judgments

This case establishes principles for distinguishing operating leases from finance leases and determining if leased equipment constitutes a Permanent Establishment (PE). It also clarifies that reassessment proceedings initiated on borrowed satisfaction without independent application of mind are invalid.

DIT v. Rio Tinto Technical Services
340 ITR 507 · 2012 · High Court
22
citing judgments

Income that is considered business income for tax purposes must be computed on a net basis, accounting for expenses incurred to earn that income, and cannot be taxed in India on a gross basis.

DIT v. Balaji Shipping UK Ltd.
253 CTR 460 · 2012 · High Court
18
citing judgments

Receipts from slot chartering are considered shipping income eligible for beneficial provisions of a tax treaty, as slot hire agreements are directly or indirectly connected and an integral part of the enterprise's business of operating ships.

DIT (International Taxation) v. Safmarine Container Lines
367 ITR 209 · 2014 · High Court
7
citing judgments
Mrs Rekha Agarwal v. ITO
79 Taxmann.com 290 · 2017 · ITAT
7
citing judgments
Sushil Thomas Abrahum v. CIT
157 Taxmann.com 108 · 2023 · High Court
6
citing judgments
Union of India v. UAE Exchange Centre
425 ITR 30 · 2020 · Supreme Court
6
citing judgments
T.V. Patel (P.) Ltd. v. DCIT
35 Taxmann 513 · 1987 · High Court
5
citing judgments
Tiger Global International III Holdings v. AAR
468 ITR 405 · 2024 · High Court
5
citing judgments

Judgments on Section 5(1)