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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

Anil Tukaram Waghmare, Navi Mumbai vs. DCIT, Panvel Circle, Navi Mumbai

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

ITA 534/MUM/2024[2017-18]Status: DisposedITAT Mumbai12 Aug 2024AY 2017-18

Bench: Shri Pavan Kumar Gadale & Shri Girish Agrawalanil Tukaram Vs. Dcit 3Rd Floor, Waghmare, Aayakar Bhavan, D 702, Plot No.79/80, Opp Khanda Colony, Green Heritage, New Panvel, Sector 20, Kharghar Navi Mumbai-410206. Navi Mumbai-410210. Pan/Gir No. Aaspw9600J (अपीलाथ"/Appellant) (""यथ"/Respondent) Assessee By Shri.Dharan Gandhi.Ar Revenue By Shri.Manoj Kumar Sinha, Sr. Dr सुनवाई क" तार"ख/Date Of Hearing 08.08.2024 घोषणा क" तार"ख/Date Of Pronouncement 12.08.2024 Order Per Pavan Kumar Gadale, Jm: “ The Appeal Is Filed By The Assesse Against The Order Of National Faceless Appeal Centre (Nfac) Delhi/Cit(A), Passed U/Sec 144 & U/Sec 250 Of The Act. 2. At The Time Of Hearing, It Was Brought To The Knowledge Of The Bench, That There Is A Delay Of 43 Days In Filing The Appeal Before The Hon’Ble Tribunal & The Assesse Has Filed An Affidavit For Condonation Of Delay. Whereas, The Facts Mentioned In The Affidavit Are Reasonable & The Ld.Dr Has No Specific Objections. Accordingly, We Condone The Delay & Admit The Appeal.

Section 133(6)Section 144

Rs.1,84,500/-. 4. Ld. CIT (A), erred in facts and in law by confirming additions of Rs 30,474/- under the head income from other sources even though the appellant had filed return of income during the assessment proceedings. The LD AO did not assessed the income offered ... addition of rent under house property income of Rs. 2,25,500/-, (iv) addition on interest income under income from other sources of Rs.30,474/- and (v) unexplained income credited in the bank accounts aggregating to Rs. 97,58,636/- and the A.O has assessed the total income of Rs.1

Rajen Harshadrai Sanghavi, Mumbai vs. ITO 26 (3) - 1, Mumbai

In the result appeal of the assessee is allowed and reassessment order is quashed

ITA 466/MUM/2024[2013-14]Status: DisposedITAT Mumbai12 Aug 2024AY 2013-14

Bench: Shri Prashant Maharishi (Am) I.T.A. No. 466/Mum/2024 (A.Y. 2013-14) Rajen Harshadrai Sanghavi Vs. Ito 26(3)(1) 3, Garden View Apartment Kautilya Bhavan Dr. Ambedkar Road Mulund Bandra Kurla Complex, West, Mumbai-400 080 Bandra East, Mumbai Pan : Aaips5226J 400 051. (Appellant) (Respondent) Assessee By Shri Mehul Shah Department By Shri R.R. Makwana Date Of Hearing 12.06.2024 Date Of Pronouncement 12.08.2024 O R D E R 1. This Appeal Is Filed By The Assessee/Appellant Against The Appellate Order Passed By Commissioner Of Income Tax, Appeal Being Additional Cit/Joint Commissioner Of Income Tax (A) – 2, Siliguri (The Learned Cit – A) For Assessment Year 2013 – 14 Dated 7/12/2023 Wherein The Appeal Filed By The Assessee Against The Assessment Order Dated 21/12/2019 Passed By The Income Tax Officer , Ward 26 (3) (1), Mumbai (The Learned Ao) Under Section 143 (3) Read With Section 147 Of The Income Tax Act, 1961 (The Act) Wherein Claim Of Exemption Under Section 10 (38) Of The Act Of Rs. 1,657,645/– Was Denied, Was Dismissed. 2. Assessee Is Aggrieved & Is In Appeal Before Us Against The Assessment Order Denying The Exemption Under Section 10 (38) Of The Act. 3. The Brief Fact Of The Case Shows That Assessee Is An Individual Filed Return Of Income Declaring Income Of Rs. 269,000/– Assessee Has Claimed Exemption Of Long-Term Capital Gain Of Rs. 16,57,545/–. Roi

Section 10Section 143Section 147Section 148Section 68

income for assessment year 2013 – 14 on 25/10/2013 declaring income of Rs 269,000. Income includes house property, business income, capital gain and income from other sources. Income with full exemption includes long-term capital gain of Rs. 21,628,193/– under section 10 (38) of income

Shree Ganesh Nagari Sahaakari Patsanstha Maryadit, Pune vs. Income Tax Officer, Pune

ITA 621/PUN/2024[2018-19]Status: DisposedITAT Pune09 Aug 2024AY 2018-19

Bench: Shri Satbeer Singh Godara & Dr.Dipak P. Ripoteआयकर अपील सं. / Ita No.206/Pun/2024 िनधा"रण वष" / Assessment Year:2018-19 Shree Ganesh Nagari Sahakari Vs The Income Tax Officer, Patsanstha Maryadit, Pune. Block No.672/673/888/889, Fruit Section, Gultekadi Market Yard, Pune – 411037. Pan: Aaaas5493C Appellant/ Assessee Respondent / Revenue Assessee By Shri Pramod Shingte – Ar Revenue By Shri Sourabh Nayak – Addl.Cit(Dr) Date Of Hearing 07/08/2024 Date Of Pronouncement 09/08/2024 आदेश/ Order Per Dr. Dipak P. Ripote, Am: This Is An Appeal Filed By Assessee Against The Order Of Ld.Commissioner Of Income Tax(Appeal)[Nfac], Passed Under Section 250 R.W.S 154 Of The Income Tax Act, Dated 05.02.2024 For The A.Y.2018-19. The Assessee Has Raised The Following Grounds Of Appeal : “1. On The Facts & In The Circumstances Of The Case & In Law The Learned Assessing Officer Erred In Rejecting Deduction Under Section Shree Ganesh Nagari Sahakari Patsanstha Maryadit [A] 80P(2)(A)(I) For A Sum Of Rs.55,21,056/- Being Entire Book Profit Of Appellant Society Without Appreciating The Fact That Earning Of Interest Is An Integral Part Of Society’S Business & Appellant Prays For Allowing Such Deduction.

Section 143(3)Section 250Section 80PSection 80P(2)(d)

circumstances of the case and in law the learned Assessing Officer erred in treating the interest received from investment as income from other sources by rejecting appellant’s contention that said interest income is integral part of business activity and your appellant prays for cancellation of Assessing officer’s action