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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

Dashrath Kumar Sharma, Jpr, Jaipur vs. ITO WD 7(4), Jpr, Jaipur

ITA 647/JPR/2024[2014-15]Status: DisposedITAT Jaipur17 Mar 2025AY 2014-15

Bench: DR. S. SEETHALAKSHMI (Judicial Member), SHRI RATHOD KAMLESH JAYANTBHAI, AM आयकर अपील सं./ITA No. 647/JP/2024 निर्धारण वर्ष / Assessment Year : 2014-15 Shri Dashrath Kumar Sharma 73, Pancholiya Ka Mohalla, Kanota, Jaipur – 303 012 बनाम The ITO Vs. Ward 7(4) Jaipur प्रत्यर्थी / Respondent स्थायी लेखा सं./ जीआईआर सं./PAN/GIR No.: EAJPS 0594A अपीलार्थी / Appellant निर्धारिती की ओर से / Assessee by : Shri Mahendra Gargieya, Advocate & राजस्व की ओर से / Revenue by Shri Hemang Gargieya, Advocate :

For Appellant: Shri Mahendra Gargieya, Advocate &For Respondent: Shri Arvind Kumar, CIT-DR
Section 139(1)Section 143(2)Section 143(3)Section 234ASection 56(2)(vii)Section 68

alleging that total purchase consideration of the properties is less as compared to the DLC value as income from other sources. The impugned addition so made and confirmed, being totally contrary to the provisions of law and facts of the case, kindly be deleted in full ... creditors 10,00,000 6 Addition as per provision of section 56(2)(vii)(b)(ii) of the Act 15,32,337 7 Income from other sources 38,76,456 Total assessed income 3,57,41,850 4. Aggrieved from the above order of the assessment the assessee preferred

Income Tax Officer, Ward-1, Khanna vs. Dharminder Kumar, Ludhiana

The appeal stands allowed

ITA 1084/CHANDI/2024[2018-19]Status: DisposedITAT Chandigarh17 Mar 2025AY 2018-19

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं. / Ita No.1084/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2018-19) Ito Dharminder Kumar, Ward No. 1, Khanna. H. No. 553, Bank Jite Walakhuh, Khanna, बनाम/ Vs. Ludhiana-147001. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Asmpk-2657-B (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Shri Lal Chand, Advocate For Sh. A.K.Jindal, (Advocate )– Ld. Ar Appellant By : ""थ"कीओरसे/Respondent By : Shri Vivek Vardhan (Addl. Cit) - Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 12-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 17-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1. Aforesaid Appeal By Revenue For Assessment Year (Ay) 2018-19 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), Nfac [Cit(A)] Dated 03-09-2024 In The Matter Of An Assessment Framed By Ld. Ao U/S 144 R.W.S. 147 Of The Act On 18.02.2024. The Revenue Has Allowed The Appeal By Deletion Of Addition Of Rs.2,11,80,491 Lacs As Made By Ld. Ao In The Assessment

For Respondent: Shri Vivek Vardhan (Addl. CIT) - Ld. Sr. DR
Section 115BSection 144Section 148ASection 69Section 69C

unexplained expenditure under section 69 C and taxed as per Section 115BBE. The income and commission income was assessed under the head "Income from Other Sources". The findings of the ld. CIT(A)) had contained in the appeal. 3. The Ld. CIT(A) had concluded that the withdrawal from