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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

Anuradha Vasireddy, Vijayawada vs. Income Tax Officer, Ward-2(2), Vijayawada

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

ITA 113/VIZ/2024[2017-18]Status: HeardITAT Visakhapatnam25 Jul 2024AY 2017-18

Bench: Shri Duvvuru Rl Reddy, Hon’Bleआयकर अपील सं./ I.T.A. No.113/Viz/2024 (िनधा"रण वष" / Assessment Year : 2017-18) Anuradha Vasireddy, Vs. Income Tax Officer, 29-26-129, Jadagam Vari Street, Ward-2(2), Suryaraopet, Vijayawada-520002, Vijayawada. Andhra Pradesh. Pan: Acjpv6946M (अपीलाथ"/ Appellant) (""यथ"/ Respondent) अपीलाथ" क" ओर से/ Appellant By : Sri C. Subrahmanyam, Ar ""याथ" क" ओर से / Respondent By : Dr. Aparna Villuri, Sr. Ar सुनवाई क" तारीख / Date Of Hearing : 22/07/2024 घोषणा क" तारीख/Date Of : 25/07/2024 Pronouncement O R D E R

For Appellant: Sri C. Subrahmanyam, ARFor Respondent: Dr. Aparna Villuri, Sr. AR
Section 133(6)Section 142(1)Section 143(2)Section 143(3)Section 144Section 44ASection 69A

deposits during the year into the assessee’s bank accounts should not be treated as unexplained U/s. 69A of the Act under the income from other sources. Further, the assessee was also asked to show cause as to why the remaining credit entries other than cash in the year ... which includes (i) income from house property – Rs.74,222/- and (ii) income from business – Rs. 32,36,153/- and (iii) income from other sources – Rs. 2,71,800/- and passed the assessment order U/s. 143(3) of the Act dated 23/12/2019. Aggrieved by the order

The ITO, Ward-1, Tenali vs. Jasti Lakshmaiah, Tenali

ITA 164/VIZ/2020[2010-11]Status: DisposedITAT Visakhapatnam25 Jul 2024AY 2010-11

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.161 & 162/Viz/2020 (निर्धारणवर्ा/ Assessment Years: 2009-10 & 2010-11) Income Tax Officer, Vs. Smt. Koganti Vijaya Kumari Ward-1, Tenali. L/R Of Late Koganti Bhavani Sankar, Tenali, Guntur Dist. Pan: Clwps0224B (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकरअपीलसं./ I.T.A. No.163 & 164/Viz/2020 (निर्धारणवर्ा/ Assessment Years: 2009-10 & 2010-11) Income Tax Officer, Vs. Sri Jasti Lakshmaiah, Ward-1, Tenali. Tenali, Guntur District. Pan: Agapj3292P (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधर्थीकीओरसे/ Assessee By : Sri I Kama Sastry, Ar प्रत्यधर्थीकीओरसे/ Revenue By : Dr. Satyasai Rath, Cit-Dr सुिवधईकीतधरीख/ Date Of Hearing : 22/05/2024 घोर्णधकीतधरीख/Date Of : 25/07/2024 Pronouncement O R D E R Per S. Balakrishnan: These Appeals Are Filed By The Revenue Against The Orders Of The Learned Commissioner Of Income Tax (Appeals)-2, Guntur

For Appellant: Sri I Kama Sastry, ARFor Respondent: Dr. Satyasai Rath, CIT-DR
Section 143(3)Section 147Section 148Section 253Section 253(2)

assessee filed letter on 29/03/2016 along with return of income in ITR-2 admitting a total income of Rs. 50,000/- under the income from other sources. Subsequently, statutory notices U/s. 143(2) and 142(1) of the Act were issued and served on the assessee. In response, the assessee

The ITO, Ward-1, Tenali vs. Jasti Lakshmaiah, Tenali

ITA 163/VIZ/2020[2009-10]Status: DisposedITAT Visakhapatnam25 Jul 2024AY 2009-10

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.161 & 162/Viz/2020 (निर्धारणवर्ा/ Assessment Years: 2009-10 & 2010-11) Income Tax Officer, Vs. Smt. Koganti Vijaya Kumari Ward-1, Tenali. L/R Of Late Koganti Bhavani Sankar, Tenali, Guntur Dist. Pan: Clwps0224B (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकरअपीलसं./ I.T.A. No.163 & 164/Viz/2020 (निर्धारणवर्ा/ Assessment Years: 2009-10 & 2010-11) Income Tax Officer, Vs. Sri Jasti Lakshmaiah, Ward-1, Tenali. Tenali, Guntur District. Pan: Agapj3292P (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधर्थीकीओरसे/ Assessee By : Sri I Kama Sastry, Ar प्रत्यधर्थीकीओरसे/ Revenue By : Dr. Satyasai Rath, Cit-Dr सुिवधईकीतधरीख/ Date Of Hearing : 22/05/2024 घोर्णधकीतधरीख/Date Of : 25/07/2024 Pronouncement O R D E R Per S. Balakrishnan: These Appeals Are Filed By The Revenue Against The Orders Of The Learned Commissioner Of Income Tax (Appeals)-2, Guntur

For Appellant: Sri I Kama Sastry, ARFor Respondent: Dr. Satyasai Rath, CIT-DR
Section 143(3)Section 147Section 148Section 253Section 253(2)

assessee filed letter on 29/03/2016 along with return of income in ITR-2 admitting a total income of Rs. 50,000/- under the income from other sources. Subsequently, statutory notices U/s. 143(2) and 142(1) of the Act were issued and served on the assessee. In response, the assessee

The ITO, Ward-1, Tenali vs. Smt Koganti Vijaya Kumari L/H of Late Koganti Bhavani Sankar, Tenali

ITA 162/VIZ/2020[2010-11]Status: DisposedITAT Visakhapatnam25 Jul 2024AY 2010-11

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.161 & 162/Viz/2020 (निर्धारणवर्ा/ Assessment Years: 2009-10 & 2010-11) Income Tax Officer, Vs. Smt. Koganti Vijaya Kumari Ward-1, Tenali. L/R Of Late Koganti Bhavani Sankar, Tenali, Guntur Dist. Pan: Clwps0224B (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकरअपीलसं./ I.T.A. No.163 & 164/Viz/2020 (निर्धारणवर्ा/ Assessment Years: 2009-10 & 2010-11) Income Tax Officer, Vs. Sri Jasti Lakshmaiah, Ward-1, Tenali. Tenali, Guntur District. Pan: Agapj3292P (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधर्थीकीओरसे/ Assessee By : Sri I Kama Sastry, Ar प्रत्यधर्थीकीओरसे/ Revenue By : Dr. Satyasai Rath, Cit-Dr सुिवधईकीतधरीख/ Date Of Hearing : 22/05/2024 घोर्णधकीतधरीख/Date Of : 25/07/2024 Pronouncement O R D E R Per S. Balakrishnan: These Appeals Are Filed By The Revenue Against The Orders Of The Learned Commissioner Of Income Tax (Appeals)-2, Guntur

For Appellant: Sri I Kama Sastry, ARFor Respondent: Dr. Satyasai Rath, CIT-DR
Section 143(3)Section 147Section 148Section 253Section 253(2)

assessee filed letter on 29/03/2016 along with return of income in ITR-2 admitting a total income of Rs. 50,000/- under the income from other sources. Subsequently, statutory notices U/s. 143(2) and 142(1) of the Act were issued and served on the assessee. In response, the assessee

ITO, Ward-1, Tenali vs. Smt Koganti Vijaya Kumari L/H of Late Koganti Bhavani Sankar, Guntur

ITA 161/VIZ/2020[2009-10]Status: DisposedITAT Visakhapatnam25 Jul 2024AY 2009-10

Bench: Shri Duvvuru Rl Reddy, Hon’Ble & Shri S Balakrishnan, Hon’Bleआयकरअपीलसं./ I.T.A. No.161 & 162/Viz/2020 (निर्धारणवर्ा/ Assessment Years: 2009-10 & 2010-11) Income Tax Officer, Vs. Smt. Koganti Vijaya Kumari Ward-1, Tenali. L/R Of Late Koganti Bhavani Sankar, Tenali, Guntur Dist. Pan: Clwps0224B (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) आयकरअपीलसं./ I.T.A. No.163 & 164/Viz/2020 (निर्धारणवर्ा/ Assessment Years: 2009-10 & 2010-11) Income Tax Officer, Vs. Sri Jasti Lakshmaiah, Ward-1, Tenali. Tenali, Guntur District. Pan: Agapj3292P (अपीलधर्थी/ Appellant) (प्रत्यर्थी/ Respondent) अपीलधर्थीकीओरसे/ Assessee By : Sri I Kama Sastry, Ar प्रत्यधर्थीकीओरसे/ Revenue By : Dr. Satyasai Rath, Cit-Dr सुिवधईकीतधरीख/ Date Of Hearing : 22/05/2024 घोर्णधकीतधरीख/Date Of : 25/07/2024 Pronouncement O R D E R Per S. Balakrishnan: These Appeals Are Filed By The Revenue Against The Orders Of The Learned Commissioner Of Income Tax (Appeals)-2, Guntur

For Appellant: Sri I Kama Sastry, ARFor Respondent: Dr. Satyasai Rath, CIT-DR
Section 143(3)Section 147Section 148Section 253Section 253(2)

assessee filed letter on 29/03/2016 along with return of income in ITR-2 admitting a total income of Rs. 50,000/- under the income from other sources. Subsequently, statutory notices U/s. 143(2) and 142(1) of the Act were issued and served on the assessee. In response, the assessee

Sachin Kanubhai Thakkar, Ahmedabad vs. The Income Tax Officer, Ward-3(3)(7), Ahmedabad

In the result, the appeal filed by the Assessee is treated as allowed for statistical purposes

ITA 732/AHD/2024[2017-18]Status: DisposedITAT Ahmedabad24 Jul 2024AY 2017-18

Bench: Shri Siddhartha Nautiyal & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita No.732/Ahd/2024 "नधा"रण वष" /Assessment Year : 2017-18 Sachin Kanubhai Thakkar The Income Tax Officer 4, Jivraj Park बनाम/ Ward-3(3)(7) Nr. Vejalpur Ahmedabad V/S. Near State Bank Of India Jivraj Park Ahmedabad – 380 051 "थायी लेखा सं./Pan: Adupt 1202 E (अपीलाथ"/ Appellant) ….. ("" यथ"/ Respondent) Assessee By : Shri Aseem L. Thakkar, Ar Revenue By : Shri Ashok Kumar Suthar, Sr.Dr सुनवाई क" तार"ख/Date Of Hearing : 22/07/2024 घोषणा क" तार"ख /Date Of Pronouncement: 24/07/2024 आदेश/O R D E R Per Shri Makarand V. Mahadeokar, Am: This Appeal Is Filed By The Assessee Against The Order Dated 31/12/2023 Passed By The Commissioner Of Income-Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Hereinafter Referred To As “The Ld.Cit(A)” In Short] Arising Out Of The Assessment Order Dated 29/11/2019 Passed By The Assessing Officer (Ao) Under Section 144 Of The Income Tax Sachin Kanubhai Thakkar Vs. Ito Asst. Year : 2017-18 2

For Appellant: Shri Aseem L. Thakkar, ARFor Respondent: Shri Ashok Kumar Suthar, Sr.DR
Section 115BSection 133Section 143(2)Section 144Section 69A

unexplained money u/s 69A of the Act. The AO also added Rs.1,97,306/- declared as agriculture income under the head income from other sources for want of details and evidence. 2.1. The assessee filed an appeal before the Ld.CIT(A) which was delayed by 56 days. During the appellate