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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

The Navyug Co-Operative Housing Society Ltd., Mumbai vs. DCIT 32(1), Mumbai

In the result, the appeal filed by the appeal is allowed

ITA 14/MUM/2024[2015-16]Status: DisposedITAT Mumbai10 May 2024AY 2015-16

Bench: Shir Pavan Kumar Gadale & Ms Padmavathy Sthe Navyug Co-Operative Vs. Dcit-32(1), Housing Society Ltd., Room.No.702, 7Th Flr, Jaihind Club Bldg, Jvpd Kautilya Bhavan, Scheme, 2Nd Floor, Bandra Kurla N.S. Road,Vile Parle (W), Complex, Mumbai-400049. Bandra(E), Mumbai-400051. Pan/Gir No. : Aaaat0325L Appellant .. Respondent Appellant By : Shri Shalin.S. Divatia.Ar Respondent By : Shri Laxmi Kant.Sr. Dr Date Of Hearing 09.05.2024 Date Of Pronouncement 10.05.2024 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Appeal Is Filed By The Assessee Against The Order Of The National Faceless Appeal Centre (Nfac), Delhi/Cit (A) Passed U/Sec 154 & U/Sec 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal: The Navyug Co-Op Housing Society Ltd., Mumbai. 1. The Learned Commissioner Of Income Tax (Appeals) Erred In Confirming The Order Of The Assessing Officer Rejecting The Application Of The Assessee U/S 154 Seeking Rectification Of The Disallowance The Deduction U/S 80P(2) & 80P(2)(D) Of The Act Of Rs.60,93,180/- U/S 143 (1) Of The Act.

For Appellant: Shri Shalin.S. Divatia.ARFor Respondent: Shri Laxmi Kant.Sr. DR
Section 143Section 143(1)Section 154Section 80Section 80PSection 80P(2)Section 80P(2)(d)

referred in the Sec. 80P(2)(d) of the Act and therefore the interest income from cooperative banks has to be taxed under income from other sources and assessed the total income of Rs. 60,93,180/-and passed the order u/sec 143(1) of the Act dated 14.12.2015. Further

Rakesh Reddy Tanguturu, Hyderabad vs. ACIT., Circle-6(1), Hyderabad

In the result, the appeal of the assessee is allowed for statistical purposes

ITA 229/HYD/2024[2019-20]Status: DisposedITAT Hyderabad09 May 2024AY 2019-20

Bench: Shri Laliet Kumar, Hon’Ble & Shri Manjunatha, G. Hon’Ble Accounant Member Assessment Year: 2019-20 Rakesh Reddy Tanguturu, Vs. The Asst.Commissioner Of 8-2-293/82/F/A/65, Income Tax, Plot No.65-A, Circle – 6(1), Road No.14, Jubilee Hills, Hyderabad. Hyderabad, Telangana. Pan : Aaupy9817A. (Appellant) (Respondent) Assessee By: Shri Kumar Pal Tated, C.A. Revenue By: Shri Aves Madhukar, Sr.A.R. Date Of Hearing: 08.05.2024 Date Of Pronouncement: 09.05.2024 O R D E R Per Laliet Kumar, J.M. The Appeal Of The Assessee For A.Y. 2019-20 Arises From The Order Of Addl/Jcit (Appeals), Madurai, Dt.31.02.2024 Invoking Proceedings Under Section 143(1) Of The Income Tax Act, 1961 (In Short, “The Act”). 2. The Brief Facts Of The Case Are That Assessee, Who Is An Individual Having Income From Business, Other Sources & Agricultural Income. For The Year Under Appeal, In Addition To The Above Sources Of Income, The Assessee Had Also Reported Income From Capital Gains Being Gain On Redemption Of Mutual Funds. For The Previous Year Ending On 31.03.2019 Relevant To Ay 2019-20, The Original Return Of Income Was Filed Electronically On 27.09.2019 Admitting An Income Of Rs.1,35,05,760/- After Claiming Deduction Under Chapter Vi-A Of The Act. In The Original Return Of Income, The Assessee Had Also Reported Loss From Business Of Rs.40,21,673/-. The Business Loss Of Rs.40,21,673/- Was Not Set Off Against Any Other Source Of Income. Subsequently, The Return Was Revised On 21.08.2020 To Report The Revised Loss From Business To Rs.4,47,991/- From Rs.40,21,673/- . Even This Loss Of Rs.4,47,991/- Was Ignored In The Return, Meaning Thereby The Loss From Business Was Not Set Off Against Any Other Source Of Income Both In Original & Revised Return Of Income.

For Appellant: Shri Kumar Pal Tated, C.AFor Respondent: Shri AVES Madhukar, Sr.A.R
Section 143(1)Section 39Section 90

Dollars from M/s. Infotech Professional Pvt Ltd, a company incorporated in Australia. The director fee was offered to tax under the head income from other sources. The fee of Rs.85,000/- AUD Dollars was subject to withholding tax @32.50% in Australia. The tax withheld in Australia Dollar