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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

Sreekumara Samajam, Thrissur vs. ITO, Exemption Ward, Thrissur

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 1116/COCH/2024[2016-17]Status: DisposedITAT Cochin12 Jun 2025AY 2016-17

Bench: Shri Inturi Rama Rao & Shri Sonjoy Sarmaassessment Years: 2016-17 Sreekumara Samajam Ito, Exemption Ward, V. Thrissur Xxi/230 S Paliyamthuruth Anapuzha, Kodungallur Thrissur-680667, Kerala. Pan : Aafts2292H. (Appellant) (Respondent) Appellant By : Smt. Nivedita A Kamath, Adv. Respondent By : Smt. Leena Lal, Snr Ar. Date Of Hearing : 05.06.2025 Date Of Pronouncement : 12.06.2025 O R D E R Per Sonjoy Sarma: This Appeal Is Filed By The Assessee Against The Order Dated 06.11.2024 By The National Faceless Appeal Centre (Hereinafter Referred To As ‘Cit(A)’] For The Assessment Year 2016–17. 2. Brief Facts Of The Case Are That The Assessee Is Registered As A Society Under The Travancore-Cochin Literary, Scientific & Charitable Societies Registration Act, 1955, On 02.07.2009. It Is Also Registered Under Section 12A Of The Act With The Commissioner Of Income Tax, Thrissur & Claimed To Function As A Religious & Charitable Society. The Assessee Filed Its Return Of Income For A.Y. 2016–17 Declaring ‘Nil’ Income. The Assessee Was Engaged In Conducting Kuri Business & Money-Lending Business

For Appellant: Smt. Nivedita A Kamath, AdvFor Respondent: Smt. Leena Lal, Snr AR
Section 11Section 12ASection 142(1)Section 147Section 148Section 2(15)

avail exemption under Section 11. The AO was of the view that the income should be brought to tax under the head “Income from other sources,” and that the business loss could not be set off against such other income. Accordingly, the case was reopened under Section 147, with prior ... compliance, the AO completed the assessment ex parte under Section 147 r.w.s. 144, making an addition of ₹42,73,425 under the head “Income from Other Sources,” and determined the total income accordingly. 3. Aggrieved by the above order, the assessee preferred an appeal before the CIT(A). The assessee

Dinesh Oils Ltd, Kanpur vs. Assistant Commissioner of Income Tax, Centreal Circle-1, Kanpur

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 117/LKW/2023[2017-18]Status: DisposedITAT Lucknow11 Jun 2025AY 2017-18

Bench: Shri Kul Bharat & Shri Nikhil Choudharyआयकर अपील सं/ Ita No.117/Lkw/2023 "नधा"रण वष"/ Assessment Year: 2017-18 Dinesh Oils Ltd V. Acit, Central Circle-1 3/48, Vishnupuri, Kanpur- Laxmi Niwas, 10/453, 208002. Tilak Nagar, Kanpur. Pan:Aaacd4990K अपीलाथ"/(Appellant) ""यथ"/(Respondent) अपीलाथ" "क और से/Appellant By: None ""यथ" "क और से /Respondent By: Shri R. K. Agarwal, Cit(Dr) सुनवाई "क तार"ख / Date Of Hearing: 05 06 2025 घोषणा "क तार"ख/ Date Of 11 06 2025 Pronouncement: आदेश / O R D E R

For Appellant: NoneFor Respondent: Shri R. K. Agarwal, CIT(DR)
Section 115BSection 143(2)Section 144Section 68

facts and in law in confirming the order of AO to treat cash deposits made by assessee in its bank account as income from other sources and bring it to tax under Section 115BBE, whereas the fact of the matter is that cash deposited by the assessee for Rs.5 ... company has a proven business record and has registered substantial turnover, accordingly taxing the business receipts (cash deposits arising out of business) as income from other sources is wholly illegal and bad in law. Page 3 of 5 7. Because of the order passed by the ld. CIT(A) – Commissioner

Good Shepherd Holistic Educational Trust, Trichy vs. ITO, Ward-1(1), Trichy

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 3105/CHNY/2024[2018-19]Status: DisposedITAT Chennai11 Jun 2025AY 2018-19

Bench: Shri George George Kand Shri S.R. Raghunathaआयकर अपील सं./Ita No.:3105/Chny/2024 िनधा"रण वष"/Assessment Year:2018-19 Good Shepherd Holistic The Income Tax Officer, Educational Trust, Vs. Ward 1(1), Plot No.452, Usman Ali Nagar, Trichy. Kk Nagar, Trichy – 620 021. Pan: Aactg 1957E (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri N. Arjun Raj, Advocate ""यथ" क" ओर से/Respondent By : Ms. Sita Krishnamoorthy, Jcit सुनवाई क" तारीख/Date Of Hearing : 10.06.2025 घोषणा क" तारीख/Date Of Pronouncement : 11.06.2025

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Ms. Sita Krishnamoorthy, JCIT
Section 11Section 12ASection 143(2)Section 143(3)Section 250Section 57

action in disallowing Capital Expenditure and donation expenditure claimed as deduction u/s section 57 respectively. "Deductions. 57. The income chargeable under the head "Income from other sources" shall be computed after making the following deductions, namely- 1.----- 2. 3. any other expenditure (not being in the nature of capital expenditure ... case of a trust, but has filed ITR-5 on 24.08.2018 showing 'Other income' of Rs. 71,37,174/- under the head income from other sources and has claimed deduction us. 57 of Rs.71,87,670/- il. The audited financials submitted by the assessee along with depreciation schedule, is nothing