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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

Vikas Ratanlal Jain, Aurangabad vs. CIT(A), Aurangabad

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

ITA 648/PUN/2025[2014-15]Status: DisposedITAT Pune29 Oct 2025AY 2014-15

Bench: Shri Manish Borad & Shri Vinay Bhamoreआयकर अपील सं. / Ita No.648/Pun/2025 िनधा"रण वष" / Assessment Year : 2014-15 Vikas Ratanlal Jain, Vs. Ito, Ward-1(1), Plot No.32, Station Road, Aurangabad. Vedant Nagar, Chhatrapati Sambhajinagar, Aurangabad- 431005. Pan : Afapj5847B Appellant Respondent Assessee By : Shri Nandkishor S. Daga & Shri Nitesh N. Daga Revenue By : Shri Shashank Ojha Date Of Hearing : 18.08.2025 Date Of Pronouncement : 29.10.2025 आदेश / Order Per Vinay Bhamore, Jm: This Appeal Filed By The Assessee Is Directed Against The Order Dated 15.01.2025 Passed By Ld. Cit(A)/Nfac For The Assessment Year 2014-15. 2. The Appellant Has Raised The Following Grounds Of Appeal :- “01. On The Facts & Circumstances Of The Case & In Law, The Learned Ctt(A) Along With The Learned Ao Has Erred In Contending That Provisions Of S. 56(2)(Vii)(B) Is Applicable To All The Immovable Properties Even If Such Land Is Considered As Stock In Trade. As Mentioned In The Explanation To The Aforesaid Section, Property Means The ‘Capital Asset’ Of The Assessee & Hence If Land Is Considered As Stock In Trade, Provisions Of Such 2 Section Are Not Applicable To Such Purchase. Reliance Is Placed On The Various Judicial Precedents Wherein It Has Been Held That The Provisions Of S. 56(2)(Vii)(B) Are Not Applicable To Stock In Trade But Is Applicable Only To Capital Assets:  Commissioner Of Income Tax Vs. Ashok Agarwal (Huf)

For Appellant: Shri Nandkishor S. Daga &For Respondent: Shri Shashank Ojha
Section 143(3)Section 263Section 56(2)(vii)

entered into in financial year 2011-12 and part payment through banking channel was also made, therefore for the purposes of calculation of income from other sources i.e. section 56(2)(vii)(b) proviso of the Act the stamp duty value of financial year 2011- 12 should have been adopted

Venkatachalam Ramakrishnan, Trichy vs. ACIT, Circle-3(1), Trichy

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

ITA 2038/CHNY/2025[2016-17]Status: DisposedITAT Chennai28 Oct 2025AY 2016-17

Bench: Shri M. Balaganesh & Shri S.S. Viswanethra Raviआयकर अपील सं./I.T.A. No.2038/Chny/2025 िनधा"रण वष"/Assessment Year: 2016-17 Venkatachalam Ramakrishnan, Vs. The Assistant Commissioner Of C-104, Bhel Nagar, Thuvakudi, Income Tax, Trichy 620 014. Circle 3(1), Trichy. [Pan:Adapr1611D] (अपीलाथ"/Appellant) (""थ"/Respondent) अपीलाथ" की ओर से / Appellant By : Shri N. Arjun Raj, Advocate ""थ" की ओर से/Respondent By : Shri C.P. Solomon, Jcit सुनवाई की तारीख/ Date Of Hearing : 23.10.2025 घोषणा की तारीख /Date Of Pronouncement : 28.10.2025 आदेश /O R D E R Per S.S. Viswanethra Ravi: This Appeal Filed By The Assessee Is Directed Against The Order Dated 07.02.2024 Passed By The Ld. Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre [Nfac], Delhi For The Assessment Year 2016-17. 2. We Find That This Appeal Is Filed With A Delay Of 450 Days. The Assessee Filed An Affidavit For Condonation Of Delay Stating The Reasons. Upon Hearing Both The Parties & On Examination Of The Said Affidavit

For Appellant: Shri N. Arjun Raj, AdvocateFor Respondent: Shri C.P. Solomon, JCIT
Section 57

statements, computation of income for FY 2014-15 and 2015-16 and balance sheet as on 31.03.2015 and 31.03.2016. Further, the details of income from other sources and deduction details, receipts from M/s. Veesens Energy Systems Pvt. Ltd. and Form 26AS for the year under consideration, the source of cash