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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

Mp Border Checkpost Development Co Ltd., Mumbai vs. ITO - 14(2)(2), Mumbai

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

ITA 484/MUM/2021[2012-13]Status: DisposedITAT Mumbai08 Jun 2022AY 2012-13

Bench: Shri Pavan Kumar Gadale & Shri Gagan Goyalmp Border Checkpost Vs. Ito – 14(2)(2) Development Company 453, 4Th Floor, Ltd., Aayakar Bhavan, The Il & Fs Financial Mumbai – 400020. Centre, Plot C-22, G- Block, Bkc, Bandra (E) Mumbai – 400051. "थायी लेखा सं./जीआइआर सं./Pan/Gir No. : Aagcm8030K Appellant .. Respondent Appellant By : None Respondent By : Shri. Pramod Nikalje.Dr Date Of Hearing 14.06.2022 Date Of Pronouncement 15.06.2022 आदेश / O R D E R Per Pavan Kumar Gadale Jm: The Assessee Has Filed The Appeal Against The Order Of The Commissioner Of Income Tax (Appeal) – 22, Mumbai Passed U/S 143(3) & 250 Of The Act. The Assessee Has Raised The Following Grounds Of Appeal:

For Appellant: NoneFor Respondent: Shri. Pramod Nikalje.DR
Section 143(2)Section 143(3)Section 234DSection 37

action of Assessing officer ('AO') qua treating the interest income earned by the appellant amounting to Rs. 5,18,209/- under the head "Income from other sources" instead of the head "Income from Business" 3. On the facts and in the circumstances of the case and in law, the appellant ... prays that the addition made by the Learned AO and upheld by CIT-A amounting to Rs. 5,18,209/- under the head "Income from other sources" shall be deleted. 4. On the facts and in the circumstances of the case and in law the appellant prays to restore

M/S. Prestige Estates Projects Limited, Bangalore vs. Deputy Commissioner of Income Tax, Central Circle-1(1), Bangalore

In the result, the appeal filed by assessee stands allowed

ITA 69/BANG/2022[2014-15]Status: DisposedITAT Bangalore02 Jun 2022AY 2014-15

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiassessment Year : 2014-15 M/S. Prestige Estates Projects The Deputy Ltd., Commissioner Of Prestige Falcon Tower, Income Tax, No. 19, Brunton Road, Central Circle – 1 Bangalore – North, (1), Bangalore – 560 025. Vs. Bangalore. Pan: Aabcp8096K Appellant Respondent : Shri Padamchand Khincha, Assessee By Ca Revenue By : Shri Pradeep Kumar, Cit Dr Date Of Hearing : 19-04-2022 Date Of Pronouncement : 02-06-2022 Order Per Beena Pillaipresent Appeal Is Filed By Assessee Against Order Dated 23.11.2021 Passed By Ld.Cit(A)-11, Bangalore For A.Y. 2014-15 On The Following Grounds Of Appeal: “The Grounds Mentioned Herein Below Are Independent & Without Prejudice To The Other Grounds Preferred By The Appellant. 1. General Ground 1.1 The Learned Deputy Commissioner Of Income Tax, Central Circle-1(1), Bengaluru (`Ao") Has Erred In Passing The Order Under Section 154 Of The Income Tax Act, 1961 (`The Act-) In The Manner Passed By Him & The Commissioner Of Income Tax (Appeals)-11, Bangalore

For Respondent: Shri Padamchand Khincha
Section 132Section 143(3)Section 154

amount of Rs. 88,43,42,162/- for year under consideration as per assessee’s letter dated 14.04.2016 reproduced hereinabove under the head income from other sources. The Ld.AR submitted that, assessee paid tax of Rs.68,83,93,933/- and after considering the credit of tax paid amounting

Mapei Construction Products (India) Private Limited, Bangalore vs. Assistant Commissioner of Income Tax, Circle-4(1)(2), Bangalore

In the result, the appeal filed by the assessee stands partly allowed

ITA 283/BANG/2021[2016-17]Status: DisposedITAT Bangalore01 Jun 2022AY 2016-17

Bench: Shri. Chandra Poojari & Smt. Beena Pillaiit(Tp)A No. 283/Bang/2021 Assessment Year : 2016-17 M/S. Mapei Construction Products (India) Pvt. Ltd., The Assistant A01 & B01, Solus Jain Commissioner Of Heights, Income Tax, 1St Floor, 1St Cross, Circle 4 (1)(2), J C Road, Vs. Bangalore. Bangalore – 560 002. Pan: Aahcm0464A Appellant Respondent : Shri S. Ramasubramanyam, Assessee By Ca : Shri Janardhan, Addl. Cit Revenue By Dr Date Of Hearing : 04-03-2022 Date Of Pronouncement : 01-06-2022 Order Per Beena Pillaipresent Appeal Is Filed By The Assessee Against Final Assessment Order Dated 24/03/2021 Passed By The Ld.Acit, Under National Assessment Centre, New Delhi, Under Section 143(3) Read With Section 143(3A) & (3B) Of The Act, For The Assessment Year 2016- 17 On Following Grounds Of Appeal: “1. Jurisdiction 1.1. That The Learned Lower Authorities Erred In Law & On Facts In Referring The Case To The Learned Transfer Pricing

For Respondent: Shri S. Ramasubramanyam
Section 115JSection 143Section 143(3)Section 40Section 92C

such expenditure was incurred for earning the interest income of Rs. 60,13,880/- declared u/s. 56 of the Act under the head "Income from other sources". 5.2. Without prejudice to the above ground, that the learned lower authorities ought to have held that the above claim ... assessee submitted that the said amount was offered to tax u/s. 56 of the Act under the head “Income from other sources”. It is submitted that assessee had incurred an expenditure of Rs. 49,81,189/- towards interest paid on ECB loans which was claimed as deduction while computing income