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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

K 2038 Mangalam Primary Agricultural Co Operative Credit Society, Tirupur vs. The Income Tax Officer, Ward 2 (1), Tirupur

ITA 612/CHNY/2024[2016-17]Status: DisposedITAT Chennai12 Jun 2024AY 2016-17

Bench: Hon’Ble Shri Manoj Kumar Aggarwal, Am & Hon’Ble Shri Manu Kumar Giri, Jm आयकरअपील सं./ Ita No.612/Chny/2024 (िनधा"रणवष" / Assessment Year: 2016-17) K 2038 Mangalam Primary Vs. The Income Tax Officer, Agricultural Co-Operative Credit Ward 2(1) Society, Tirupur. 1, Mangalam Paccs, Mangalam Post, Tirupur 641 663. [Pan:Aaeak 0276D] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/ Appellant By : Ms. A. Vijayalakshmi, C.A., ""यथ" क" ओर से /Respondent By : Mr. S. Easwar, Irs, Jcit. सुनवाई क" तार"ख/Date Of Hearing : 20.05.2024 घोषणा क" तार"ख /Date Of Pronouncement : 12.06.2024 आदेश / O R D E R Per Manu Kumar Giri ()

For Appellant: Ms. A. Vijayalakshmi, C.AFor Respondent: Mr. S. Easwar, IRS, JCIT
Section 143(3)Section 80PSection 80P(2)Section 80P(2)(a)

vide order dated 26.12.2018 added Rs.44,54,791/- as Profits and Gains from Business or Profession and Rs.3,35,299/- as Income from Other Sources. 4. Aggrieved against the order of AO u/s 143(3) dated 26.12.2018, assessee filed appeal before the CIT(A). Ld.CIT(A) by the order dated ... delete the disallowance of Rs.44,54,791/- u/s 80P where as Ld.CIT(A) sustained the disallowance of Rs.3,35,299/- as ‘Income from Other Sources’ (which included Rent of Rs.20,240/-, Commission of Rs.64,502/-, Dividend of Rs.22,724/-, Release of Reserves of Rs.27,056/-, Release of NPA of Rs.83

ITO Int Taxn Ward, Tuticorin Chennai vs. Shri Abdul Rahman Viswa Abdul Salam, Chennai

In the result appeal of the Revenue is dismissed

ITA 654/CHNY/2023[2014-15]Status: DisposedITAT Chennai12 Jun 2024AY 2014-15

Bench: Shri Ss Viswanethra Ravi & Shri Amitabh Shuklaआयकर अपील सं./Ita Nos.654/Chny/2023 निर्धारण वर्ा /Assessment Years: 2014-15 Income-Tax Officer, Shri Abdul Rahman Viswas Abdul International Taxation Ward, Salam, No.64/114, Kalvath Nayagam Tuticorin, Tamil Nadu Street, Kadayanallur, Tenkasi Dist, Tn-627751 [Pan: Apppa9666L] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Appellant By : Mr.Abhishek Murali, Ca प्रत्यर्थी की ओर से /Respondent By : Shri Arv Srinivasan, Addl.Cit सुनवाई की तारीख/Date Of Hearing : 04.06.2024 घोषणा की तारीख /Date Of Pronouncement : 12.06.2024

For Appellant: Mr.Abhishek Murali, CAFor Respondent: Shri ARV Srinivasan, Addl.CIT
Section 129Section 133(6)Section 142(1)Section 144C(2)Section 147Section 250

Rs.12,96,620/- after making an addition of Rs.1,68,12,289/- under the head salary and Rs.4,27,374/- as income from other sources. 3.0 Brief factual matrix of the case as available in the impugned assessment order is as under:- “….Notice u/s. 129 issued to assessee ... income under the head salary. The interest accrued or arised due is also added to the return of income under the head income from other sources for Rs.4,27,374/-. Draft assessment order was passed on 31-03-2022 and served manually on 01-04-2022. Section 144C

M/S. Coastal Energen Private Limited, Egmore, Chennai vs. DCIT, Corporate Circle-1(2), Chennai

In the result, the appeals filed by the assessee in ITA Nos

ITA 507/CHNY/2023[2014-15]Status: DisposedITAT Chennai12 Jun 2024AY 2014-15

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita Nos. 505, 506 & 507/Chny/2023 िनधा"रण वष" /Assessment Years:2012-2013, 2013-2014 & 2014-2015. M/S. Coastal Energen Private The Assistant Commissioner Of Limited, V. Income Tax No. 5, Buhari Building, Central Circe 1(1) Moores Road, Egmore, Chennai Chennai 600 006. ( Previously The Deputy Commissioner Of Income Tax, Corporate Circle 1(2) Pan: Aadcc 0886G Chennai.) (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri B. Ramakrishnan, C.A. ""यथ" क" ओर से/Respondent By : Shri N. Balakrishnan, Irs, Cit. सुनवाई क" तारीख/Date Of Hearing : 14.03.2024 घोषणा क" तारीख/Date Of Pronouncement : 12.06.2024 आदेश /O R D E R

For Appellant: Shri B. Ramakrishnan, C.AFor Respondent: Shri N. Balakrishnan, IRS, CIT
Section 143Section 143(3)Section 44A

confirming the action of the ld. Ld. Assessing Officer in assessing interest income amounting to Rs.7,43,415/- under the head ‘’income from other sources’’ and not allowing the interest paid on money borrowed as deduction u/s.57 (ii) of the Act. For this, assessee has raised the following grounds ... Learned Commissioner of Income Tax (Appeals) erred in confirming the addition of interest income amounting to Rs.7,43,415/- under the head Income from Other Sources. 6. For that the Learned Commissioner of Income Tax (Appeals) ought to have allowed the interest paid on moneys borrowed as a deduction

M/S. Coastal Energen Private Limited, Egmore, Chennai vs. DCIT, Corporate Circle-1(2), Chennai

In the result, the appeals filed by the assessee in ITA Nos

ITA 506/CHNY/2023[2013-14]Status: DisposedITAT Chennai12 Jun 2024AY 2013-14

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita Nos. 505, 506 & 507/Chny/2023 िनधा"रण वष" /Assessment Years:2012-2013, 2013-2014 & 2014-2015. M/S. Coastal Energen Private The Assistant Commissioner Of Limited, V. Income Tax No. 5, Buhari Building, Central Circe 1(1) Moores Road, Egmore, Chennai Chennai 600 006. ( Previously The Deputy Commissioner Of Income Tax, Corporate Circle 1(2) Pan: Aadcc 0886G Chennai.) (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri B. Ramakrishnan, C.A. ""यथ" क" ओर से/Respondent By : Shri N. Balakrishnan, Irs, Cit. सुनवाई क" तारीख/Date Of Hearing : 14.03.2024 घोषणा क" तारीख/Date Of Pronouncement : 12.06.2024 आदेश /O R D E R

For Appellant: Shri B. Ramakrishnan, C.AFor Respondent: Shri N. Balakrishnan, IRS, CIT
Section 143Section 143(3)Section 44A

confirming the action of the ld. Ld. Assessing Officer in assessing interest income amounting to Rs.7,43,415/- under the head ‘’income from other sources’’ and not allowing the interest paid on money borrowed as deduction u/s.57 (ii) of the Act. For this, assessee has raised the following grounds ... Learned Commissioner of Income Tax (Appeals) erred in confirming the addition of interest income amounting to Rs.7,43,415/- under the head Income from Other Sources. 6. For that the Learned Commissioner of Income Tax (Appeals) ought to have allowed the interest paid on moneys borrowed as a deduction

M/S. Coastal Energen Private Limited, Egmore, Chennai vs. DCIT, Corporate Circle-1(2), Chennai

In the result, the appeals filed by the assessee in ITA Nos

ITA 505/CHNY/2023[2012-13]Status: DisposedITAT Chennai12 Jun 2024AY 2012-13

Bench: Shri Mahavir Singhand Shri Manoj Kumar Aggarwalआयकर अपील सं./Ita Nos. 505, 506 & 507/Chny/2023 िनधा"रण वष" /Assessment Years:2012-2013, 2013-2014 & 2014-2015. M/S. Coastal Energen Private The Assistant Commissioner Of Limited, V. Income Tax No. 5, Buhari Building, Central Circe 1(1) Moores Road, Egmore, Chennai Chennai 600 006. ( Previously The Deputy Commissioner Of Income Tax, Corporate Circle 1(2) Pan: Aadcc 0886G Chennai.) (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri B. Ramakrishnan, C.A. ""यथ" क" ओर से/Respondent By : Shri N. Balakrishnan, Irs, Cit. सुनवाई क" तारीख/Date Of Hearing : 14.03.2024 घोषणा क" तारीख/Date Of Pronouncement : 12.06.2024 आदेश /O R D E R

For Appellant: Shri B. Ramakrishnan, C.AFor Respondent: Shri N. Balakrishnan, IRS, CIT
Section 143Section 143(3)Section 44A

confirming the action of the ld. Ld. Assessing Officer in assessing interest income amounting to Rs.7,43,415/- under the head ‘’income from other sources’’ and not allowing the interest paid on money borrowed as deduction u/s.57 (ii) of the Act. For this, assessee has raised the following grounds ... Learned Commissioner of Income Tax (Appeals) erred in confirming the addition of interest income amounting to Rs.7,43,415/- under the head Income from Other Sources. 6. For that the Learned Commissioner of Income Tax (Appeals) ought to have allowed the interest paid on moneys borrowed as a deduction