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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

Deputy Commissioner of Income Tax Circle 1(1)(1), Vadodara vs. Gujrat State Electricity Corporation Limited, Vadodara

In the result, both the appeals of the Revenue are dismissed

ITA 1656/AHD/2024[2016-17]Status: DisposedITAT Ahmedabad20 Jan 2025AY 2016-17

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.1654/Ahd/2024 & 1656/Ahd/2024 िनधा"रण वष" /Assessment Years : 2012-13 & 2016-17 Respectively Deputy Commissioner Of Gujrat State Electricity बनाम/ Income Tax Corporation Limited V/S. Circle-1(1)(1) Sardar Patel Vidyut Bhavan Vadodara 390 007 Race Course Circle Alkapuri, Baroda – 390 007 (Gujarat) "थायी लेखा सं./Pan: Aaacg 6864 F (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Shri Manish J. Shah & Shri Jimi Patel, Ars Revenue By : Shri Prathvi Raj Meena, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 16/01/2025 घोषणा की तारीख /Date Of Pronouncement: 20/01/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: Both The Appeals By The Revenue For Assessment Years (Ays) 2012-13 & 2016-17 Are Directed Against The Orders Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre-Nfac, Delhi [Hereinafter Referred To As “Cit(A)”] Passed Under Section 250 Of The Income Tax Act, 1961[Hereinafter Referred To As “The Act”]. The Cit(A) Orders Arose From The Assessment Orders Passed Under Section 143(3) Of The Act, By The Deputy

For Appellant: Shri Manish J. Shah &For Respondent: Shri Prathvi Raj Meena, CIT-DR
Section 143(3)Section 250Section 56

generation. During the assessment proceedings for the relevant years, the AO treated interest income earned on loans and advances provided to employees as "income from other sources" under Section 56 of the Act instead of treating it as "business income." In the assessment order dated 25.02.2015, the AO treated Rs.4 ... income from other sources," arguing that the assessee is not in the business of lending and the loans served only personal benefits for employees. Similarly, in the assessment order dated 28.12.2018, the AO classified Rs.8,00,35,000/- under "income from other sources" with the same rationale. 3.1. The issue

Deputy Commissioner of Income Tax Circle 1(1)(1), Vadodara vs. Gujarat State Electricity Corporation Limited, Vadodara

In the result, both the appeals of the Revenue are dismissed

ITA 1654/AHD/2024[2012-13]Status: DisposedITAT Ahmedabad20 Jan 2025AY 2012-13

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita Nos.1654/Ahd/2024 & 1656/Ahd/2024 निर्धारण वर्ष / Assessment Years : 2012-13 & 2016-17 Respectively Deputy Commissioner Of Income Tax Circle-1(1)(1) Vadodara 390 007 बनाम / V/S. Gujrat State Electricity Corporation Limited Sardar Patel Vidyut Bhavan Race Course Circle Alkapuri, Baroda – 390 007 (Gujarat) स्थायी लेखा सं./Pan: Aaacg 6864 F (अपीलार्थी/ Appellant) (प्रत्यर्थी / Respondent) Assessee By: Shri Manish J. Shah & Shri Jimi Patel, Ars Revenue By : Shri Prathvi Raj Meena, Cit-Dr सुनवाई की तारीख /Date Of Hearing : 16/01/2025 घोषणा की तारीख / Date Of Pronouncement: 20/01/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: Both The Appeals By The Revenue For Assessment Years (Ays) 2012-13 & 2016-17 Are Directed Against The Orders Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre-Nfac, Delhi [Hereinafter Referred To As “Cit(A)”] Passed Under Section 250 Of The Income Tax Act, 1961[Hereinafter Referred To As “The Act”]. The Cit(A) Orders Arose From The Assessment Orders Passed Under Section 143(3) Of The Act, By The Deputy Commissioner Of Income Tax, Circle 1(1)(1), Vadodara [Hereinafter Referred To As “Ao"], Dated 25.02.2015 (Ay 2012-13) & 28.12.2018 (Ay 2016-17). 2. The Primary Issue In Both The Appeals Concerns The Treatment Of Interest Income On Loans & Advances Provided To Employees, Amounting To Rs.4,56,05,000/- (Ay 2012-13) & Rs.8,00,35,000/- (Ay 2016-17). 2.

For Appellant: Shri Manish J. Shah &For Respondent: Shri Prathvi Raj Meena, CIT-DR
Section 143(3)Section 250Section 56

generation. During the assessment proceedings for the relevant years, the AO treated interest income earned on loans and advances provided to employees as "income from other sources" under Section 56 of the Act instead of treating it as "business income." In the assessment order dated 25.02.2015, the AO treated Rs.4 ... income from other sources," arguing that the assessee is not in the business of lending and the loans served only personal benefits for employees. Similarly, in the assessment order dated 28.12.2018, the AO classified Rs.8,00,35,000/- under "income from other sources" with the same rationale

Ranjitsinh Narsinh Vaghela, Gandhinagar vs. The Income Tax Officer, Ward-3, Gandhinagar

In the result, the appeal of the assessee is treated as partly allowed for

ITA 451/AHD/2024[2012-13]Status: DisposedITAT Ahmedabad15 Jan 2025AY 2012-13

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita No.451/Ahd/2024 निर्धारण वर्ष / Assessment Year : 2012-13 Ranjitsinh Narsinh Vaghela 3337, Nr. Palaiya Mahakali Mandir Pethapur, Gandhinagar Gandhinagar – 382 610 बनाम / V/S. The Income Tax Officer Ward-3 Gandhinagar स्थायी लेखा सं./Pan: Afepv 3269 D (अपीलार्थी/ Appellant) (प्रत्यर्थी/ Respondent) Assessee By: Shri Hardik Vora, Advocate Revenue By : Shri R.N. Dsouza, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 10/01/2025 घोषणा की तारीख / Date Of Pronouncement: 15/01/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: This Appeal Has Been Preferred By The Assessee Against The Order Of The Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi (Hereinafter Referred To As “Cit(A)”], Dated 19/01/2024, For The Assessment Year (Ay) 2012-13, Which Upheld The Order Of The Assessing Officer [Hereinafter Referred To As “Ao"] Dated 30/12/2019, Passed Under Section 144 R.W.S.147 Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act"].

For Appellant: Shri Hardik Vora, AdvocateFor Respondent: Shri R.N. Dsouza, CIT-DR
Section 10(37)Section 144Section 147Section 148

interest received on compensation in a motor accident claim is part of the compensation itself and, hence, is not taxable as "income from other sources." • Gujarat High Court Decision in the case of Movaliya Bhikhubhai Balabhai v. ITO (Special Civil Application No. 17944 of 2015): The Hon'ble Gujarat High ... assessee after the final judgment. However, the AO held that the interest accrued on FDs is not part of the compensation but constitutes "income from other sources" under Section 56 of the Act. The AO noted that the payment of additional compensation was deposited in the ITA No. 451/Ahd/2024 Ranjitsinh