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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. Yash-V-Jewels Ltd., Mumbai vs. DCIT, CC-1(1), Mumbai

ITA 1415/MUM/2023[2014-15]Status: DisposedITAT Mumbai31 Jul 2023AY 2014-15

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. Nos. 1409 To 1415/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2008-09 To 2014-15) Yash-V-Jewels Ltd. बिधम/ Dcit, Central Circle-1(1) Room No. 903, 9Th Floor, Office No. 501, Adibaba Vs. Apartment, Gazdar Scheme, Pratishtha Bhavan, (Old Cgo 16Th Floor, Near Rajesh Building (Annexe) M. K. Khanna Garden, Santacruz- Road, Mumbai-400020. West-400054. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacy1119P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Dr. Kishore Dhule (Dr) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 31/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)45, Mumbai Dated 22.02.2023 For Ay. 2008-09 To 2015-16. 2. At The Outset, The Ld. Ar Brought To Our Notice That The Issue Raised In All The Captioned Appeals Are Similar (Except Difference In Sum/Figures). This Contention Of Ld. Ar Could Not Be Controverted By The Ld. Dr. Therefore, We Are Inclined To Take Up The Appeals Of Assessee For Ay. 2008-09 As Lead Case For Adjudication & The Decision In The Appeal I.E. Ay. 2008-09 Would Cover Other Appeals & Will Be Followed For Other Assessment Years.

For Appellant: Shri Vimal PunmiyaFor Respondent: Dr. Kishore Dhule (DR)
Section 132Section 145Section 153C

earned by the assessee as per above Para is taxed as assessee’s net income for the year under consideration under the head Income from Other Sources. 9. Protective Assessment – From the facts discussed herein above, it is clear that it is Praveen Kumar Jain who is the kingpin

M/S. Yash-V-Jewels Ltd., Mumbai vs. DCIT, CC-1(1), Mumbai

ITA 1414/MUM/2023[2013-14]Status: DisposedITAT Mumbai31 Jul 2023AY 2013-14

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. Nos. 1409 To 1415/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2008-09 To 2014-15) Yash-V-Jewels Ltd. बिधम/ Dcit, Central Circle-1(1) Room No. 903, 9Th Floor, Office No. 501, Adibaba Vs. Apartment, Gazdar Scheme, Pratishtha Bhavan, (Old Cgo 16Th Floor, Near Rajesh Building (Annexe) M. K. Khanna Garden, Santacruz- Road, Mumbai-400020. West-400054. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacy1119P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Dr. Kishore Dhule (Dr) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 31/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)45, Mumbai Dated 22.02.2023 For Ay. 2008-09 To 2015-16. 2. At The Outset, The Ld. Ar Brought To Our Notice That The Issue Raised In All The Captioned Appeals Are Similar (Except Difference In Sum/Figures). This Contention Of Ld. Ar Could Not Be Controverted By The Ld. Dr. Therefore, We Are Inclined To Take Up The Appeals Of Assessee For Ay. 2008-09 As Lead Case For Adjudication & The Decision In The Appeal I.E. Ay. 2008-09 Would Cover Other Appeals & Will Be Followed For Other Assessment Years.

For Appellant: Shri Vimal PunmiyaFor Respondent: Dr. Kishore Dhule (DR)
Section 132Section 145Section 153C

earned by the assessee as per above Para is taxed as assessee’s net income for the year under consideration under the head Income from Other Sources. 9. Protective Assessment – From the facts discussed herein above, it is clear that it is Praveen Kumar Jain who is the kingpin

M/S. Yash-V-Jewels Ltd., Mumbai vs. DCIT, CC-1(1), Mumbai

ITA 1413/MUM/2023[2012-13]Status: DisposedITAT Mumbai31 Jul 2023AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. Nos. 1409 To 1415/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2008-09 To 2014-15) Yash-V-Jewels Ltd. बिधम/ Dcit, Central Circle-1(1) Room No. 903, 9Th Floor, Office No. 501, Adibaba Vs. Apartment, Gazdar Scheme, Pratishtha Bhavan, (Old Cgo 16Th Floor, Near Rajesh Building (Annexe) M. K. Khanna Garden, Santacruz- Road, Mumbai-400020. West-400054. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacy1119P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Dr. Kishore Dhule (Dr) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 31/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)45, Mumbai Dated 22.02.2023 For Ay. 2008-09 To 2015-16. 2. At The Outset, The Ld. Ar Brought To Our Notice That The Issue Raised In All The Captioned Appeals Are Similar (Except Difference In Sum/Figures). This Contention Of Ld. Ar Could Not Be Controverted By The Ld. Dr. Therefore, We Are Inclined To Take Up The Appeals Of Assessee For Ay. 2008-09 As Lead Case For Adjudication & The Decision In The Appeal I.E. Ay. 2008-09 Would Cover Other Appeals & Will Be Followed For Other Assessment Years.

For Appellant: Shri Vimal PunmiyaFor Respondent: Dr. Kishore Dhule (DR)
Section 132Section 145Section 153C

earned by the assessee as per above Para is taxed as assessee’s net income for the year under consideration under the head Income from Other Sources. 9. Protective Assessment – From the facts discussed herein above, it is clear that it is Praveen Kumar Jain who is the kingpin

M/S. Yash-V-Jewels Ltd., Mumbai vs. DCIT, CC-1(1), Mumbai

ITA 1412/MUM/2023[2011-12]Status: DisposedITAT Mumbai31 Jul 2023AY 2011-12

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. Nos. 1409 To 1415/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2008-09 To 2014-15) Yash-V-Jewels Ltd. बिधम/ Dcit, Central Circle-1(1) Room No. 903, 9Th Floor, Office No. 501, Adibaba Vs. Apartment, Gazdar Scheme, Pratishtha Bhavan, (Old Cgo 16Th Floor, Near Rajesh Building (Annexe) M. K. Khanna Garden, Santacruz- Road, Mumbai-400020. West-400054. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacy1119P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Dr. Kishore Dhule (Dr) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 31/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)45, Mumbai Dated 22.02.2023 For Ay. 2008-09 To 2015-16. 2. At The Outset, The Ld. Ar Brought To Our Notice That The Issue Raised In All The Captioned Appeals Are Similar (Except Difference In Sum/Figures). This Contention Of Ld. Ar Could Not Be Controverted By The Ld. Dr. Therefore, We Are Inclined To Take Up The Appeals Of Assessee For Ay. 2008-09 As Lead Case For Adjudication & The Decision In The Appeal I.E. Ay. 2008-09 Would Cover Other Appeals & Will Be Followed For Other Assessment Years.

For Appellant: Shri Vimal PunmiyaFor Respondent: Dr. Kishore Dhule (DR)
Section 132Section 145Section 153C

earned by the assessee as per above Para is taxed as assessee’s net income for the year under consideration under the head Income from Other Sources. 9. Protective Assessment – From the facts discussed herein above, it is clear that it is Praveen Kumar Jain who is the kingpin

Yash -V-Jewels Ltd, Mumbai vs. DCIT, Central Circle 1(1), Mumbai

ITA 1411/MUM/2023[2010-2011]Status: DisposedITAT Mumbai31 Jul 2023AY 2010-2011

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. Nos. 1409 To 1415/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2008-09 To 2014-15) Yash-V-Jewels Ltd. बिधम/ Dcit, Central Circle-1(1) Room No. 903, 9Th Floor, Office No. 501, Adibaba Vs. Apartment, Gazdar Scheme, Pratishtha Bhavan, (Old Cgo 16Th Floor, Near Rajesh Building (Annexe) M. K. Khanna Garden, Santacruz- Road, Mumbai-400020. West-400054. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacy1119P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Dr. Kishore Dhule (Dr) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 31/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)45, Mumbai Dated 22.02.2023 For Ay. 2008-09 To 2015-16. 2. At The Outset, The Ld. Ar Brought To Our Notice That The Issue Raised In All The Captioned Appeals Are Similar (Except Difference In Sum/Figures). This Contention Of Ld. Ar Could Not Be Controverted By The Ld. Dr. Therefore, We Are Inclined To Take Up The Appeals Of Assessee For Ay. 2008-09 As Lead Case For Adjudication & The Decision In The Appeal I.E. Ay. 2008-09 Would Cover Other Appeals & Will Be Followed For Other Assessment Years.

For Appellant: Shri Vimal PunmiyaFor Respondent: Dr. Kishore Dhule (DR)
Section 132Section 145Section 153C

earned by the assessee as per above Para is taxed as assessee’s net income for the year under consideration under the head Income from Other Sources. 9. Protective Assessment – From the facts discussed herein above, it is clear that it is Praveen Kumar Jain who is the kingpin

M/S. Yash-V-Jewels Ltd., Mumbai vs. DCIT, CC-1(1), Mumbai

ITA 1410/MUM/2023[2009-2010]Status: DisposedITAT Mumbai31 Jul 2023AY 2009-2010

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. Nos. 1409 To 1415/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2008-09 To 2014-15) Yash-V-Jewels Ltd. बिधम/ Dcit, Central Circle-1(1) Room No. 903, 9Th Floor, Office No. 501, Adibaba Vs. Apartment, Gazdar Scheme, Pratishtha Bhavan, (Old Cgo 16Th Floor, Near Rajesh Building (Annexe) M. K. Khanna Garden, Santacruz- Road, Mumbai-400020. West-400054. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacy1119P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Dr. Kishore Dhule (Dr) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 31/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)45, Mumbai Dated 22.02.2023 For Ay. 2008-09 To 2015-16. 2. At The Outset, The Ld. Ar Brought To Our Notice That The Issue Raised In All The Captioned Appeals Are Similar (Except Difference In Sum/Figures). This Contention Of Ld. Ar Could Not Be Controverted By The Ld. Dr. Therefore, We Are Inclined To Take Up The Appeals Of Assessee For Ay. 2008-09 As Lead Case For Adjudication & The Decision In The Appeal I.E. Ay. 2008-09 Would Cover Other Appeals & Will Be Followed For Other Assessment Years.

For Appellant: Shri Vimal PunmiyaFor Respondent: Dr. Kishore Dhule (DR)
Section 132Section 145Section 153C

earned by the assessee as per above Para is taxed as assessee’s net income for the year under consideration under the head Income from Other Sources. 9. Protective Assessment – From the facts discussed herein above, it is clear that it is Praveen Kumar Jain who is the kingpin

M/S. Yash-V-Jewels Ltd., Mumbai vs. DCIT, CC-1(1), Mumbai

ITA 1409/MUM/2023[2008-09]Status: DisposedITAT Mumbai31 Jul 2023AY 2008-09

Bench: Shri Aby T. Varkey, Jm & Shri Amarjit Singh, Am आयकर अपील सं/ I.T.A. Nos. 1409 To 1415/Mum/2023 (निर्धारण वर्ा / Assessment Years: 2008-09 To 2014-15) Yash-V-Jewels Ltd. बिधम/ Dcit, Central Circle-1(1) Room No. 903, 9Th Floor, Office No. 501, Adibaba Vs. Apartment, Gazdar Scheme, Pratishtha Bhavan, (Old Cgo 16Th Floor, Near Rajesh Building (Annexe) M. K. Khanna Garden, Santacruz- Road, Mumbai-400020. West-400054. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaacy1119P (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vimal Punmiya Revenue By: Dr. Kishore Dhule (Dr) सुनवाई की तारीख / Date Of Hearing: 12/07/2023 घोषणा की तारीख /Date Of Pronouncement: 31/07/2023 आदेश / O R D E R Per Aby T. Varkey, Jm: These Are Appeals Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (Appeals)45, Mumbai Dated 22.02.2023 For Ay. 2008-09 To 2015-16. 2. At The Outset, The Ld. Ar Brought To Our Notice That The Issue Raised In All The Captioned Appeals Are Similar (Except Difference In Sum/Figures). This Contention Of Ld. Ar Could Not Be Controverted By The Ld. Dr. Therefore, We Are Inclined To Take Up The Appeals Of Assessee For Ay. 2008-09 As Lead Case For Adjudication & The Decision In The Appeal I.E. Ay. 2008-09 Would Cover Other Appeals & Will Be Followed For Other Assessment Years.

For Appellant: Shri Vimal PunmiyaFor Respondent: Dr. Kishore Dhule (DR)
Section 132Section 145Section 153C

earned by the assessee as per above Para is taxed as assessee’s net income for the year under consideration under the head Income from Other Sources. 9. Protective Assessment – From the facts discussed herein above, it is clear that it is Praveen Kumar Jain who is the kingpin

DCIT Central Circle-2(4), Mumbai vs. Rustomjee Evershine Joint Venture, Mumbai

In the result, the appeals filed by the revenue for AY 2013-14 &

ITA 1825/MUM/2022[2014-15]Status: DisposedITAT Mumbai31 Jul 2023AY 2014-15

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.1349/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2013-14) Dcit, Central Circle-2(4) बिधम/ Rustomjee Evershine Room No. 802, 8Th Floor, Joint Venture Vs. Prathishtha Bhavan, M. K. Global City, Narangi Road, Churchgate, Mumbai- Bypass Road, Close To 400020. Viva College, Virar (W), Virar-401303. Cross Objection No. 27/Mum/2023 Arising Out Of I.T.A. No.1349/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2013-14) Rustomjee Evershine Joint बिधम/ Dcit, Central Circle-2(4) Room No. 802, 8Th Floor, Venture Vs. Global City, Narangi Prathishtha Bhavan, M. K. Bypass Road, Close To Viva Road, Churchgate, College, Virar (W), Virar- Mumbai-400020. 401303. आयकर अपील सं/ I.T.A. Nos.1824 & 1825/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2016-17 & 2014-15) Dcit, Central Circle-2(4) बिधम/ Rustomjee Evershine Room No. 802, 8Th Floor, Joint Venture Vs. Prathishtha Bhavan, M. K. Global City, Narangi Road, Churchgate, Mumbai- Bypass Road, Close To 400020. Viva College, Virar (W), Virar-401303. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaaar7687M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Naresh Kumar Revenue By: Shri P. D. Chougule (Addl. Cit) सुनवाई की तारीख / Date Of Hearing: 25/05/2023 घोषणा की तारीख /Date Of Pronouncement: 31/07/2023

For Appellant: Shri Naresh KumarFor Respondent: Shri P. D. Chougule (Addl. CIT)

seen that there was distinction between the income from business' and 'income from property on one side, and 'any income from other sources. The Tribunal, in our considered opinion, was absolutely unjustified in comparing the rental income with the dividend income on the shares or interest income on the deposits ... appeal observing inter alia, that any dividend received on the shares or any interest received from the bank would be taken to be income from other sources, therefore, any income derived under the head of "rent" would also become income from the property, it accordingly allowed the appeal and directed

DCIT Central Circle-2(4), Mumbai vs. Rustomjee Evershine Joint Venture, Mumbai

In the result, the appeals filed by the revenue for AY 2013-14 &

ITA 1824/MUM/2022[2016-17]Status: DisposedITAT Mumbai31 Jul 2023AY 2016-17

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.1349/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2013-14) Dcit, Central Circle-2(4) बिधम/ Rustomjee Evershine Room No. 802, 8Th Floor, Joint Venture Vs. Prathishtha Bhavan, M. K. Global City, Narangi Road, Churchgate, Mumbai- Bypass Road, Close To 400020. Viva College, Virar (W), Virar-401303. Cross Objection No. 27/Mum/2023 Arising Out Of I.T.A. No.1349/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2013-14) Rustomjee Evershine Joint बिधम/ Dcit, Central Circle-2(4) Room No. 802, 8Th Floor, Venture Vs. Global City, Narangi Prathishtha Bhavan, M. K. Bypass Road, Close To Viva Road, Churchgate, College, Virar (W), Virar- Mumbai-400020. 401303. आयकर अपील सं/ I.T.A. Nos.1824 & 1825/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2016-17 & 2014-15) Dcit, Central Circle-2(4) बिधम/ Rustomjee Evershine Room No. 802, 8Th Floor, Joint Venture Vs. Prathishtha Bhavan, M. K. Global City, Narangi Road, Churchgate, Mumbai- Bypass Road, Close To 400020. Viva College, Virar (W), Virar-401303. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaaar7687M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Naresh Kumar Revenue By: Shri P. D. Chougule (Addl. Cit) सुनवाई की तारीख / Date Of Hearing: 25/05/2023 घोषणा की तारीख /Date Of Pronouncement: 31/07/2023

For Appellant: Shri Naresh KumarFor Respondent: Shri P. D. Chougule (Addl. CIT)

seen that there was distinction between the income from business' and 'income from property on one side, and 'any income from other sources. The Tribunal, in our considered opinion, was absolutely unjustified in comparing the rental income with the dividend income on the shares or interest income on the deposits ... appeal observing inter alia, that any dividend received on the shares or any interest received from the bank would be taken to be income from other sources, therefore, any income derived under the head of "rent" would also become income from the property, it accordingly allowed the appeal and directed

DCIT Central Circel-2(4), Mumbai vs. Rustomji Evershine Joint Venture, Mumbai

In the result, the appeals filed by the revenue for AY 2013-14 &

ITA 1349/MUM/2022[2013-2014]Status: DisposedITAT Mumbai31 Jul 2023AY 2013-2014

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.1349/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2013-14) Dcit, Central Circle-2(4) बिधम/ Rustomjee Evershine Room No. 802, 8Th Floor, Joint Venture Vs. Prathishtha Bhavan, M. K. Global City, Narangi Road, Churchgate, Mumbai- Bypass Road, Close To 400020. Viva College, Virar (W), Virar-401303. Cross Objection No. 27/Mum/2023 Arising Out Of I.T.A. No.1349/Mum/2022 (निर्धारण वर्ा / Assessment Year: 2013-14) Rustomjee Evershine Joint बिधम/ Dcit, Central Circle-2(4) Room No. 802, 8Th Floor, Venture Vs. Global City, Narangi Prathishtha Bhavan, M. K. Bypass Road, Close To Viva Road, Churchgate, College, Virar (W), Virar- Mumbai-400020. 401303. आयकर अपील सं/ I.T.A. Nos.1824 & 1825/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2016-17 & 2014-15) Dcit, Central Circle-2(4) बिधम/ Rustomjee Evershine Room No. 802, 8Th Floor, Joint Venture Vs. Prathishtha Bhavan, M. K. Global City, Narangi Road, Churchgate, Mumbai- Bypass Road, Close To 400020. Viva College, Virar (W), Virar-401303. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aaaar7687M (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Naresh Kumar Revenue By: Shri P. D. Chougule (Addl. Cit) सुनवाई की तारीख / Date Of Hearing: 25/05/2023 घोषणा की तारीख /Date Of Pronouncement: 31/07/2023

For Appellant: Shri Naresh KumarFor Respondent: Shri P. D. Chougule (Addl. CIT)

seen that there was distinction between the income from business' and 'income from property on one side, and 'any income from other sources. The Tribunal, in our considered opinion, was absolutely unjustified in comparing the rental income with the dividend income on the shares or interest income on the deposits ... appeal observing inter alia, that any dividend received on the shares or any interest received from the bank would be taken to be income from other sources, therefore, any income derived under the head of "rent" would also become income from the property, it accordingly allowed the appeal and directed