Section 61 of the Income Tax Act

Income-tax Act, 2025: s.97

Section 61 of the Income-tax Act, 1961 corresponds to section 97 (Chargeability of income in transfer of assets) of the Income-tax Act, 2025.

Read section 97 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 61 is (CIT v. Cochin Co. Pvt. Ltd. (104 ITR 655), cited in 32 of the 82 judgments on BharatTax that turn on this section.

Leading authorities on Section 61

(CIT v. Cochin Co. Pvt. Ltd.
104 ITR 655 · 1976 · High Court
32
citing judgments

A protective assessment is permissible when the assessing officer has doubt regarding who is in receipt of income, but a recovery based on a protective assessment is not allowed. If an assessment is intended to be protective, it must be clearly stated as such.

Tata Capital Financial Services Ltd. v. Asst. CIT
137 Taxmann.com 315 · 2022 · High Court
29
citing judgments

When reopening an assessment, the assessing officer must provide the assessee with a copy of the superior officer's approval, including their comments, name, designation, and date, not merely state the reasons in a letter. This ensures transparency in the reassessment process.

Dayabai v. CIT
154 ITR 248 · 1985 · High Court
20
citing judgments

A protective assessment is permissible only at the initial assessment stage, as higher appellate or revisional authorities can definitively determine the liable assessee.

(CIT v. Khalid Mehdi
165 ITR 685 · 1987 · High Court
18
citing judgments

A protective assessment must be expressly stated as such by the Income Tax Department. It is made out of abundant caution when there is doubt as to who has received the income.

Ex Japan) Analyst Fund (2014) 61 SOT 277 and Capital International Emerging Markets Funs v. DIT
145 ITD 491 · 2013 · ITAT
11
citing judgments

The decision in ADIT vs Legg Mason Sia (Ex Japan) Analyst Fund and Capital International Emerging Markets Funs vs DIT supports the assessee where non-STT paid funds are concerned.

Behramji Sorabji Lalkaka v. CIT
16 ITR 301 · 1948 · High Court
8
citing judgments
Ltd. vs. ADIT (2009) (132 TTJ 218); Fidelity Investment Trust Fidelity Overseas Fund v. ADIT
36 SOT 22 · ITAT
4
citing judgments

Judgments on Section 61