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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

Punnayurkulam Service Co Operative Bank Ltd No P 417, Punnayurkulam vs. Income Tax Officer, Guruvayur

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

ITA 512/COCH/2025[2022-2023]Status: DisposedITAT Cochin20 Aug 2025AY 2022-2023

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary, Jm Assessment Year: 2022-23 Punnayurkulam Service Co-Op. Bank Ltd. .......... Appellant Punnayurkulam, Thrissur 679561 [Pan: Aacap6129J] Vs. The Income Tax Officer, Wd-1 & Tps, Guruvayur......... Respondent Assessee By: Shri M. Ramdas, Ca Revenue By: Ms. Neethu S., Sr. Dr Date Of Hearing: 18.08.2025 Date Of Pronouncement: 20.08.2025 O R D E R Per: Inturi Rama Rao, Am This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi (Nfac) Dated 19.05.2025 For Assessment Year (Ay) 2022-23. 2. Brief Facts Of The Case Are That The Appellant Is A Co-Operative Society Registered Under The Kerala State Co-Operative Societies Act, 1969. It Is Classified As A Primary Agricultural Credit Co-Operative Society. It Is Engaged In The Business Of Accepting Deposits From Members & Providing Credit Facilities To Members. The Return Of 2 Punnayurkulam Service Co-Op. Bank Ltd. Income For Ay 2022-23 Was Filed On 01.11.2022 Declaring Nil Income. Against The Said Return Of Income, The Assessment Was Completed By The Assessment Unit, Income Tax Department (Hereinafter Called "The Ao") Vide Order Dated 20.03.2024 Passed U/S. 143(3) R.W.S. 144B Of The Income Tax Act, 1961 (The Act) At A Total Income Of Rs. 71,77,582/-. While Doing So, The Ao Had Denied Deduction U/S. 80P Of The Act Of Rs. 71,77,582/- In Respect Of Interest Income Received From Co-Operative Banks & Other Banks By Holding That Such Income Is Assessable As ‘Income From Other Sources’.

For Appellant: Shri M. Ramdas, CAFor Respondent: Ms. Neethu S., Sr. DR
Section 143(3)Section 63Section 64Section 80PSection 80P(2)(a)Section 80P(2)(d)

respect of interest income received from co-operative banks and other banks by holding that such income is assessable as ‘income from other sources’. 3. Being aggrieved, an appeal was filed before the CIT(A), who vide the impugned order directed the AO to allow deduction

Peringandoor Service Co Opertaive Bank Ltd, Athani, Thrissur vs. Income Tax Officer, Ward 2(1), Thrissur

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

ITA 515/COCH/2025[2022-2023]Status: DisposedITAT Cochin19 Aug 2025AY 2022-2023

Bench: Shri Inturi Rama Rao, Am & Shri Rahul Chaudhary, Jm Assessment Year: 2022-23 Peringandoor Service Co-Op. Bank Ltd. .......... Appellant Athani P.O., Thrissur 680581 [Pan: Aadap3407G] Vs. Income Tax Officer, Wd-2(1), Thrissur .......... Respondent Assessee By: Shri Ramdas M., Ca Revenue By: Ms. Neethu S., Sr. Dr Date Of Hearing: 18.08.2025 Date Of Pronouncement: 19.08.2025 O R D E R Per: Inturi Rama Rao, Am This Appeal Filed By The Assessee Is Directed Against The Order Of The National Faceless Appeal Centre, Delhi Dated 19.05.2025 For Assessment Year (Ay) 2022-23. 2. Brief Facts Of The Case Are That The Appellant Is A Co-Operative Society Registered Under The Kerala State Co-Operative Societies Act, 1969. It Is Classified As A Primary Agricultural Credit Co-Operative Society. It Is Engaged In The Business Of Accepting Deposits From Members & Providing Credit Facilities To Members. The Return Of Income For Ay 2022-23 Was Filed On 30.09.2022 Disclosing Nil

For Appellant: Shri Ramdas M., CAFor Respondent: Ms. Neethu S., Sr. DR
Section 143(3)Section 63Section 80PSection 80P(2)(d)

Bank/State Co-operative Bank, in the facts and circumstances of the case, do come within Section 80P(2)(d). Therefore, the income constitutes income from other sources and the only eligible deduction is covered by Section 80P(2)(d) viz. Interest or dividend derived by the assessee from its investments