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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

Andimuthu Raja, Perambalur vs. ACIT, Circle 1(1), Tiruchirapalli

The appeals stand allowed

ITA 262/CHNY/2024[2010-11]Status: DisposedITAT Chennai12 Aug 2024AY 2010-11

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं./ Ita No.261/Chny/2024 (िनधा*रणवष* / Assessment Year: 2006-07) & 2. आयकरअपील सं./ Ita No.262/Chny/2024 (िनधा*रणवष* / Assessment Year: 2010-11) Shri Andimuthu Raja Acit बनाम/ 3/127, Ambedkar Street, Velur Post Circle-1(1) Vs. Perambalur-621 104. Tiruchirapalli. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Adtpr-2755-B (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Y.Sridhar (Fca)-Ld.Ar " थ"कीओरसे/Respondent By : Ms.R.Anita (Addl.Cit) -Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 01-08-2024 घोषणाकीतारीख /Date Of Pronouncement : 12-08-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri Y.Sridhar (FCA)-Ld.ARFor Respondent: Ms.R.Anita (Addl.CIT) -Ld. Sr. DR
Section 143Section 143(3)Section 147Section 148

individual capacity as well as in HUF status. In both the capacities, the assessee derived income from trading of shares, interest income and income from other sources. The HUF consist of assessee, his wife and their daughter. The assessee stated that the properties which were inherited as ancestral property from

Andimuthu Raja, Perambalur vs. ACIT, Circle 1(1), Tiruchirapalli

The appeals stand allowed

ITA 261/CHNY/2024[2006-07]Status: DisposedITAT Chennai12 Aug 2024AY 2006-07

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं./ Ita No.261/Chny/2024 (िनधा*रणवष* / Assessment Year: 2006-07) & 2. आयकरअपील सं./ Ita No.262/Chny/2024 (िनधा*रणवष* / Assessment Year: 2010-11) Shri Andimuthu Raja Acit बनाम/ 3/127, Ambedkar Street, Velur Post Circle-1(1) Vs. Perambalur-621 104. Tiruchirapalli. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Adtpr-2755-B (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Y.Sridhar (Fca)-Ld.Ar " थ"कीओरसे/Respondent By : Ms.R.Anita (Addl.Cit) -Ld. Sr. Dr सुनवाईकीतारीख/Date Of Hearing : 01-08-2024 घोषणाकीतारीख /Date Of Pronouncement : 12-08-2024 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri Y.Sridhar (FCA)-Ld.ARFor Respondent: Ms.R.Anita (Addl.CIT) -Ld. Sr. DR
Section 143Section 143(3)Section 147Section 148

individual capacity as well as in HUF status. In both the capacities, the assessee derived income from trading of shares, interest income and income from other sources. The HUF consist of assessee, his wife and their daughter. The assessee stated that the properties which were inherited as ancestral property from

Potheri Village Weaning Food Mfg. Womens Development Industrial Coop., Kanchipuram vs. ITO, Ncw-22(1), Tambaram

The appeal stand partly allowed

ITA 1165/CHNY/2024[2018-19]Status: DisposedITAT Chennai12 Aug 2024AY 2018-19

Bench: Hon’Ble Shri Aby T. Varkey, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपील सं./ Ita No.1165/Chny/2024 (िनधा*रणवष* / Assessment Year: 2018-19) Potheri Village Weaning Food Ito Manufacturing Womens Development Non-Corporate Ward-22(1), बनाम Industrial Co-Op. Tambaram. / Vs. 12, Amman Koil Street, Potheri, Katankolathur Post, Kanchipuram-603 203. "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaaap-9745-Q (अपीलाथ"/Appellant) : (" थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri I. Dinesh (Advocate) Ld.Ar " थ"कीओरसे/Respondent By : Ms. R. Anita (Addl.Cit)-Ld .Dr सुनवाईकीतारीख/Date Of Hearing : 01-08-2024 घोषणाकीतारीख /Date Of Pronouncement : 12-08-2024 आदेश / O R D E R

For Appellant: Shri I. Dinesh (Advocate) Ld.ARFor Respondent: Ms. R. Anita (Addl.CIT)-Ld .DR
Section 143(3)Section 263Section 80PSection 80P(2)(a)Section 80P(2)(d)

operative society) would be eligible for deduction u/s 80P(2)(d). The interest income earned from SBI would clearly be assessable as income from other sources. 8. The appeal stand partly allowed. Order pronounced on 12th August, 2024 (ABY T. VARKEY) (MANOJ KUMAR AGGARWAL) "ाियक सद" /JUDICIAL MEMBER लेखा सद