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“income from other sources”

Income HeadsSection 56Section 568,248 judgments

The decision most relied on for income from other sources is Jute Corporation of India Ltd. v. CIT (187 ITR 688), cited in 1,372 judgments on BharatTax.

Leading authorities on income from other sources

Jute Corporation of India Ltd. v. CIT
187 ITR 688 · 1991 · Supreme Court
1,372
citing judgments

The Commissioner of Income Tax (Appeals) possesses co-terminus powers with the Assessing Officer and can direct the Assessing Officer to perform actions he failed to do, but cannot introduce a new source of income in the assessment. The appellate assessment must be confined to the items of income that were the subject matter of the original assessment.

Totgars Co-operative Sale Society Ltd. v. ITO
322 ITR 283 · 2010 · Supreme Court
1,283
citing judgments

The interest income earned by a cooperative society from investing its surplus funds in fixed deposits with banks is not "derived from" its eligible business activities and is taxable as "income from other sources" under Section 56, thus not qualifying for deduction under Section 80P.

K.P. Varghese v. ITO
131 ITR 597 · 1981 · Supreme Court
989
citing judgments

An addition to income cannot be made merely on the basis of a difference in valuation of assets or a Valuation Officer's report without establishing actual understatement of consideration or the source of unexplained funds through proper enquiry. The Assessing Officer must conduct proper enquiry and satisfy the conditions for making such additions.

GE India Technology Centre Pvt. Ltd. v. CIT
327 ITR 456 · 2010 · Supreme Court
663
citing judgments

Tax must be deducted at source from payments made to a non-resident under Section 195 only if such payment is chargeable to tax in India. The Assessing Officer bears the onus to establish that the payments made are indeed chargeable to tax under the Income Tax Act.

Commissioner of Income Tax v. Nova Promoters and Finlease (P) Ltd.
342 ITR 169 · 2012 · High Court
658
citing judgments

To make an addition under Section 68 for unexplained cash credits, the Assessing Officer must conduct proper inquiry into the identity, genuineness, and creditworthiness of the creditor, especially concerning share application money. The assessee's initial discharge of burden by providing necessary details shifts the onus back to the AO for further investigation, including the source of source.

Tuticorin Alkali Chemicals & Fertilizers Ltd. v. CIT
227 ITR 172 · 1997 · Supreme Court
621
citing judgments

Interest income earned on deposits, particularly before the commencement of business operations or as a requirement for business licensing, is taxable as "income from other sources" under Section 56, and cannot be treated as business income or set off against interest on borrowed funds.

Kale Khan Mohammad Hanif v. CIT
50 ITR 1 · 1963 · Supreme Court
581
citing judgments

The assessee bears the onus of proving the source and nature of any sum of money or receipt found to have been received by them. If the assessee fails to satisfactorily explain the receipt, the Income-tax Officer is entitled to treat it as taxable income.

Liberty India v. CIT
317 ITR 218 · 2009 · Supreme Court
571
citing judgments

The Supreme Court clarified that for profits and gains to be eligible for deductions under sections like 10B, 80IA, or 80IB, the income must be "derived from" or have a direct nexus to the eligible business activity. Income from incidental sources like the sale of scrips/licenses or interest on employee loans is generally not considered as derived from the eligible business for such deductions.

Judgments citing income from other sources

Karam Vir Yadav, Gurgaon vs. Assessing Officer, NFAC

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

ITA 2605/DEL/2024[2020-21]Status: DisposedITAT Delhi09 Jul 2025AY 2020-21

Bench: Shri S. Rifaur Rahman & Shri Anubhav Sharmakaramvir Yadav, Vs. Assessing Officer, 1135, Sector 46, Nfac, Delhi. Gurgaon – 122 001 (Haryana). (Pan : Abipy5863E) (Appellant) (Respondent) Assessee By : Shri Ranjan Chopra, Ca Revenue By : Shri Kailash Dan Ratnoo, Cit Dr Date Of Hearing : 30.04.2025 Date Of Order : 09.07.2025 O R D E R Per S.Rifaur Rahman: 1. This Appeal Is Filed By The Assessee Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As ‘Ld. Cit (A)] Dated 29.03.2024 For Assessment Year 2020-21 Raising Following Grounds Of Appeal :- “1. That Having Regard To The Facts & Circumstances Of The Case & In Law, The Order Under Section 263 Of The Income-Tax Assessee Company, 1961. 2. That Having Regard To The Facts & Circumstances Of The Case & In Law, The Learned Pr. Cit Erred In Passing Order U/S 263 Of The Act, So Much So That, The Assessment Order Passed By The Assessing Officer Do Not Satisfy The Statutory Twin Conditions Prescribed Under Section 263 Of The Act, Viz., (I) That The Assessment

For Appellant: Shri Ranjan Chopra, CAFor Respondent: Shri Kailash Dan Ratnoo, CIT DR
Section 143(3)Section 263Section 28

jurisdictional High Court judgments on any legal issue? (v) Whether the interest received on enhanced compensation is taxable as income under the head ‘income from other sources’? 4 Whether the assessment order which is passed without inquiry and following the valid and applicable judgments of jurisdictional High Court ignoring ... held that interest received on all compensations of land acquisitions are taxable under Income Tax Act, 1961 as income under the Head income from "Other Sources". The interest received on enhanced compensation received on acquisition of agricultural land is not exempt u/s 10(37) of Income Tax Act, 1961.The assessment

Balageria Central Co-Operative Ltd., Purba Medinipur vs. ACIT Circle-27(1), Haldia

In the result, appeal of the assessee is allowed

ITA 2320/KOL/2024[2018-19]Status: DisposedITAT Kolkata08 Jul 2025AY 2018-19

Bench: Shri George Mathanआयकर अपील सं/Ita No.2320/Kol/2024 (नििाारण वर्ा / Assessment Year :2018-2019) Balageria Central Cooperative Ltd Vs Acit, Circle-27(1), Haldia Saraswatitala, Contai, Ho, Contai Dist: Purba Medinipur, W.B. Pan No. :Aaalb 0087 A (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) नििााररती की ओर से /Assessee By : Shri Soumitra Choudhury, Advocate राजस्व की ओर से /Revenue By : Shri Mrinmay Basak, Sr.Dr सुनवाई की तारीख / Date Of Hearing : 08/07/2025 घोषणा की तारीख/Date Of Pronouncement : 08/07/2025 आदेश / O R D E R This Is An Appeal Filed By The Assessee Against The Order Of The Ld Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 26.09.2024, Passed In Din & Order No.Itba/Nfac/S/250/2024-25/1069142040(1) For The Assessment Year 2018-2019. 2. Shri Soumitra Choudhury, Ld.Ar Appeared On Behalf Of The Assessee & Shri Mrinmay Basak, Ld.Sr. Dr Appeared On Behalf Of The Revenue. 3. It Was Submitted By The Ld. Ar That The Original Assessment Came To Be Completed U/S.143(3) Of The Act On 20.04.2021. It Was The Submission That The Assessment Was Initiated For One Of The Grounds Being The Refund Claim, Most Specifically, Ratio Of The Refund Claimed To The Income Of The Assessee. It Was The Submission That The Said Assessment Order Passed U/S.143(3) Of The Act Was A Subject Matter Of Suo Moto Rectification By The Ld. Assessing Officer. It Was Submitted By The Ld. Ar That In The Rectification Order The Assessing Officer Mentions That The Assessee Has Filed His

For Appellant: Shri Soumitra Choudhury, AdvocateFor Respondent: Shri Mrinmay Basak, Sr.DR
Section 143(3)Section 154Section 72(3)

submission that admittedly the interest on the income tax refund is liable to be assessed only under the head income from other sources. There is no dispute that in regard to set off against the carried forward loss, admittedly the same cannot be set off against the carried forward business ... loss but the assessee is fully entitled to set off the said interest income under the head income from other sources against the 8 carried forward depreciation loss as also the depreciation loss of current year. It was the submission that this was also brought to the attention