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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

M/S Vatsalya Builders & Development Pvt Ltd, Nagpur vs. ACIT Central Circle1(2), Nagpur

In the result, the appeal filed by the assessee in ITA

ITA 87/NAG/2018[2013-2014]Status: DisposedITAT Nagpur31 Oct 2023AY 2013-2014

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita Nos.85 To 87 & 210/Nag/2018 िनधा"रण वष" / Assessment Years : 2011-12 To 2014-15 M/S. Vatsalya Builders & Vs. Acit, Central Circle- Developers Pvt. Ltd., 1(2), Nagpur. 202, Ganesh Chambers, Dhantoli, Nagpur- 440012. Pan : Aabcv6745K Appellant Respondent Assessee By : Shri Mukesh Agrawal Revenue By : Shri Kailash G. Kanojiya Date Of Hearing : 17.10.2023 Date Of Pronouncement : 31.10.2023 आदेश / Order Per Inturi Rama Rao, Am : These Are The Appeals Filed By The Assessee Directed Against The Different Orders Of Ld. Commissioner Of Income Tax (Appeals)- 3, Nagpur [‘The Cit(A)’] Dated 26.02.2018 & 22.06.2018 For The Assessment Years 2011-12 To 2014-15 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In All The Above Captioned Four Appeals Of The Assessee, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal In Ita No.85/Nag/2018 For The Assessment Year 2011-12 Are Stated Herein.

For Appellant: Shri Mukesh AgrawalFor Respondent: Shri Kailash G. Kanojiya
Section 115BSection 14Section 143(3)Section 153ASection 68Section 69C

Taxman 279 (Gujarat) held that the income of such nature from undisclosed sources to be treated as income, should be assessed under “income from other sources”. Therefore, in the light of this legal position, there is no iota of doubt that the deemed income assessed

M/S Vatsalya Builders & Development Pvt Ltd, Nagpur vs. ACIT Central Circle1(2), Nagpur

In the result, the appeal filed by the assessee in ITA

ITA 86/NAG/2018[2012-2013]Status: DisposedITAT Nagpur31 Oct 2023AY 2012-2013

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita Nos.85 To 87 & 210/Nag/2018 िनधा"रण वष" / Assessment Years : 2011-12 To 2014-15 M/S. Vatsalya Builders & Vs. Acit, Central Circle- Developers Pvt. Ltd., 1(2), Nagpur. 202, Ganesh Chambers, Dhantoli, Nagpur- 440012. Pan : Aabcv6745K Appellant Respondent Assessee By : Shri Mukesh Agrawal Revenue By : Shri Kailash G. Kanojiya Date Of Hearing : 17.10.2023 Date Of Pronouncement : 31.10.2023 आदेश / Order Per Inturi Rama Rao, Am : These Are The Appeals Filed By The Assessee Directed Against The Different Orders Of Ld. Commissioner Of Income Tax (Appeals)- 3, Nagpur [‘The Cit(A)’] Dated 26.02.2018 & 22.06.2018 For The Assessment Years 2011-12 To 2014-15 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In All The Above Captioned Four Appeals Of The Assessee, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal In Ita No.85/Nag/2018 For The Assessment Year 2011-12 Are Stated Herein.

For Appellant: Shri Mukesh AgrawalFor Respondent: Shri Kailash G. Kanojiya
Section 115BSection 14Section 143(3)Section 153ASection 68Section 69C

Taxman 279 (Gujarat) held that the income of such nature from undisclosed sources to be treated as income, should be assessed under “income from other sources”. Therefore, in the light of this legal position, there is no iota of doubt that the deemed income assessed

M/S Vatsalya Builders & Development Pvt Ltd, Nagpur vs. ACIT Central Circle1(2), Nagpur

In the result, the appeal filed by the assessee in ITA

ITA 85/NAG/2018[2011-2012]Status: DisposedITAT Nagpur31 Oct 2023AY 2011-2012

Bench: Shri Inturi Rama Rao & Shri S. S. Viswanethra Raviआयकर अपील सं. / Ita Nos.85 To 87 & 210/Nag/2018 िनधा"रण वष" / Assessment Years : 2011-12 To 2014-15 M/S. Vatsalya Builders & Vs. Acit, Central Circle- Developers Pvt. Ltd., 1(2), Nagpur. 202, Ganesh Chambers, Dhantoli, Nagpur- 440012. Pan : Aabcv6745K Appellant Respondent Assessee By : Shri Mukesh Agrawal Revenue By : Shri Kailash G. Kanojiya Date Of Hearing : 17.10.2023 Date Of Pronouncement : 31.10.2023 आदेश / Order Per Bench : These Are The Appeals Filed By The Assessee Directed Against The Different Orders Of Ld. Commissioner Of Income Tax (Appeals)- 3, Nagpur [‘The Cit(A)’] Dated 26.02.2018 & 22.06.2018 For The Assessment Years 2011-12 To 2014-15 Respectively. 2. Since The Identical Facts & Common Issues Are Involved In All The Above Captioned Four Appeals Of The Assessee, We Proceed To Dispose Of The Same By This Common Order. 3. For The Sake Of Convenience & Clarity, The Facts Relevant To The Appeal In Ita No.85/Nag/2018 For The Assessment Year 2011-12 Are Stated Herein.

For Appellant: Shri Mukesh AgrawalFor Respondent: Shri Kailash G. Kanojiya
Section 115BSection 14Section 143(3)Section 153ASection 68Section 69C

Taxman 279 (Gujarat) held that the income of such nature from undisclosed sources to be treated as income, should be assessed under “income from other sources”. Therefore, in the light of this legal position, there is no iota of doubt that the deemed income assessed