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“source of source”

Cash Credits & Unexplained ItemsSection 68Section 68810 judgments

The decision most relied on for source of source is Jute Corporation of India Ltd. v. CIT (187 ITR 688), cited in 1,372 judgments on BharatTax.

Leading authorities on source of source

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 source of source

Dy. Commissioner of Income Tax, Agra vs. Prabhu Infradevelopers Pvt. Ltd., Agra

Appeal stand dismissed

ITA 131/AGR/2024[2018-19]Status: DisposedITAT Agra28 Mar 2025AY 2018-19

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.130/Agr/2024 (िनधा"रणवष" / Assessment Year: 2017-18) & 2. आयकरअपील सं. / Ita No.131/Agr/2024 (िनधा"रणवष" / Assessment Year: 2018-19) Dcit M/S Prabhu Infradevelopers Pvt. Ltd. बनाम/ 1St Floor, Aaykar Bhawan 1/354, Transport Nagar Vs. Sanjay Place, Agra - 282001 Agra "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aahcp-2659-J (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Sukesh Kumar Jain – Ld. Cit Dr ""थ"कीओरसे/Respondent By : Shri Anurag Sinha (Advocate) – Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 21-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri Sukesh Kumar Jain – Ld. CIT DRFor Respondent: Shri Anurag Sinha (Advocate) – Ld. AR
Section 143(3)Section 153ASection 245D(4)Section 68

conclusion of Ld. AO was on mere presumption rather than on factual ground. The assessee was under no obligation to prove the source of source in the bank account of the creditors. Reliance was placed on various judicial decisions including the decision of jurisdictional High Court

Dy. Commissioner of Income Tax, Agra vs. Prabhu Infradevelopers Pvt. Ltd., Agra

Appeal stand dismissed

ITA 130/AGR/2024[2017-18]Status: DisposedITAT Agra28 Mar 2025AY 2017-18

Bench: Hon’Ble Shri Satbeer Singh Godara, Jm & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.130/Agr/2024 (िनधा"रणवष" / Assessment Year: 2017-18) & 2. आयकरअपील सं. / Ita No.131/Agr/2024 (िनधा"रणवष" / Assessment Year: 2018-19) Dcit M/S Prabhu Infradevelopers Pvt. Ltd. बनाम/ 1St Floor, Aaykar Bhawan 1/354, Transport Nagar Vs. Sanjay Place, Agra - 282001 Agra "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aahcp-2659-J (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Sukesh Kumar Jain – Ld. Cit Dr ""थ"कीओरसे/Respondent By : Shri Anurag Sinha (Advocate) – Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 21-02-2025 घोषणाकीतारीख /Date Of Pronouncement : 28-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri Sukesh Kumar Jain – Ld. CIT DRFor Respondent: Shri Anurag Sinha (Advocate) – Ld. AR
Section 143(3)Section 153ASection 245D(4)Section 68

conclusion of Ld. AO was on mere presumption rather than on factual ground. The assessee was under no obligation to prove the source of source in the bank account of the creditors. Reliance was placed on various judicial decisions including the decision of jurisdictional High Court

Deputy Commissioner of Income Tax, Central Circle-2, Ludhiana vs. Oasis Commercial Private Limited, Chandigarh

The appeal of the revenue stand dismissed

ITA 544/CHANDI/2024[2016-17]Status: DisposedITAT Chandigarh24 Mar 2025AY 2016-17

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.414/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2016-17) M/S Oasis Commercial Pvt. Ltd. Dcit- Circle-2 Village Jatwar Tehsil Naraingarh बनाम/ Central Revenue Building District Ambala-134201 Opp. Bvm School Vs. Kitchlu Nagar, Ludhiana 141001 & 2. आयकरअपील सं. / Ita No.544/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2016-17) Dcit- Circle-2 M/S Oasis Commercial Pvt. Ltd. Central Revenue Building Village Jatwar Tehsil Naraingarh बनाम/ Vs. Opp. Bvm School District Ambala-134201 Kitchlu Nagar, Ludhiana 141001 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaaco-8412-B (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Sudhir Sehgal (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Ms. Kusum Bansal (Cit)- Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 18-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 24-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri Sudhir Sehgal (Advocate) – Ld. ARFor Respondent: Ms. Kusum Bansal (CIT)- Ld. DR
Section 143(3)Section 14ASection 68

credits were genuine. The Ld. CIT(A) concurred that the assessee furnished completed details regarding the transaction to the extent of the source of source. The assessee duly furnished confirmation, PAN details and bank statements in support of unsecured loans. The ultimate lender i.e., AFIL had sufficient capital ... lender, the genuineness of the transactions and creditworthiness of the lender entities. Not only this, the assessee also established the source of source of unsecured loans and established that ultimate lender i.e., AFIL had sufficient capital and substantial returned income which was sufficient enough to lend to other

Oasis Commercial Pvt. Ltd, Vill. Jatwar District Ambala vs. DCIT, Central Circle-2, Income Tax Department

The appeal of the revenue stand dismissed

ITA 414/CHANDI/2024[2016-17]Status: DisposedITAT Chandigarh24 Mar 2025AY 2016-17

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am 1. आयकरअपील सं. / Ita No.414/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2016-17) M/S Oasis Commercial Pvt. Ltd. Dcit- Circle-2 Village Jatwar Tehsil Naraingarh बनाम/ Central Revenue Building District Ambala-134201 Opp. Bvm School Vs. Kitchlu Nagar, Ludhiana 141001 & 2. आयकरअपील सं. / Ita No.544/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2016-17) Dcit- Circle-2 M/S Oasis Commercial Pvt. Ltd. Central Revenue Building Village Jatwar Tehsil Naraingarh बनाम/ Vs. Opp. Bvm School District Ambala-134201 Kitchlu Nagar, Ludhiana 141001 "थायीलेखासं./जीआइआरसं./Pan/Gir No. Aaaco-8412-B (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Shri Sudhir Sehgal (Advocate) – Ld. Ar ""थ"कीओरसे/Respondent By : Ms. Kusum Bansal (Cit)- Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 18-03-2025 घोषणाकीतारीख /Date Of Pronouncement : 24-03-2025 आदेश / O R D E R Manoj Kumar Aggarwal ()

For Appellant: Shri Sudhir Sehgal (Advocate) – Ld. ARFor Respondent: Ms. Kusum Bansal (CIT)- Ld. DR
Section 143(3)Section 14ASection 68

credits were genuine. The Ld. CIT(A) concurred that the assessee furnished completed details regarding the transaction to the extent of the source of source. The assessee duly furnished confirmation, PAN details and bank statements in support of unsecured loans. The ultimate lender i.e., AFIL had sufficient capital ... lender, the genuineness of the transactions and creditworthiness of the lender entities. Not only this, the assessee also established the source of source of unsecured loans and established that ultimate lender i.e., AFIL had sufficient capital and substantial returned income which was sufficient enough to lend to other

Rajendra Maganbhai Patel, Mumbai vs. The Asstt. Commissioner of Income Tax, Circle International Taxation, Vadodara

ITA 106/AHD/2023[2015-16]Status: DisposedITAT Ahmedabad04 Mar 2025AY 2015-16

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं/Ita Nos.105/Ahd/2023 & 106/Ahd/2023 निर्धारण वर्ष / Assessment Years : 2013-14 & 2015-16 Respectively Rajendra Maganbhai Patel C-1/8, Bhadran Nagar S.V. Road, Malad West Mumbai - 400 064 Maharashtra स्थायी लेखा सं./Pan: Asipp 5675 N बनाम / V/S. The Asstt.Commissioner Of Income Tax, Circle International Taxation, Vadodara (अपीलार्थी/ Appellant) (प्रत्यर्थी / Respondent) Assessee By: Shri Tushar Hemani, Sr.Advocate & Revenue By : Shri Parimalsinh N. Parmar, Ar Shri Prathvi Raj Meena, Cit-Dr सुनवाई की तारीख / Date Of Hearing : 26/02/2025 घोषणा की तारीख / Date Of Pronouncement: 04/03/2025 आदेश/Order Per Makarand V. Mahadeokar, Am: Both These Appeals By The Assessee Pertain To Assessment Years (Ays) 2013-14 & 2015-16 & Are Directed Against The Final Assessment Orders Passed By The Assessing Officer [Hereinafter Referred To As “Ao"] Under Section 147 R.W.S.144C(13) Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act"], Pursuant To The Directions Of The Dispute Resolution Panel [Hereinafter Referred To As “Drp”]. The Core Issue In Both The Appeals Concerns The Addition Made By The Ao On Account Of Credits In The Assessee'S Non- Resident External (Nre) Bank Accounts.

For Appellant: Shri Tushar Hemani, Sr.Advocate &For Respondent: Shri Parimalsinh N. Parmar, AR
Section 143(2)Section 147Section 148

Bank accounts. ld.AO as well as Hon'ble DRP failed to appreciate the fact that source of fund along with source of source was properly explained. ld.AO as well as Hon'ble DRP failed to appreciate the fact that entire money was transfer from one account

Rajendra Maganbhai Patel, Mumbai vs. The Asstt. Commissioner of Income Tax, Circle International Taxation, Vadodara

ITA 105/AHD/2023[2013-14]Status: DisposedITAT Ahmedabad04 Mar 2025AY 2013-14

Bench: Shri T.R. Senthil Kumar & Shri Makarand V. Mahadeokarआयकर अपील सं /Ita Nos.105/Ahd/2023 & 106/Ahd/2023 िनधा"रण वष" /Assessment Years : 2013-14 & 2015-16 Respectively Rajendra Maganbhai Patel The Asstt.Commissioner Of बनाम/ C-1/8, Bhadran Nagar Income Tax, Circle V/S. S.V. Road, Malad West International Taxation, Mumbai – 400 064 Vadodara Maharashtra "थायी लेखा सं./Pan: Asipp 5675 N (अपीलाथ%/ Appellant) (&' यथ%/ Respondent) Assessee By : Shri Tushar Hemani, Sr.Advocate & Shri Parimalsinh N. Parmar, Ar Revenue By : Shri Prathvi Raj Meena, Cit-Dr सुनवाई की तारीख/Date Of Hearing : 26 /02/2025 घोषणा की तारीख /Date Of Pronouncement: 04 /03/2025 आदेश/O R D E R Per Makarand V. Mahadeokar, Am: Both These Appeals By The Assessee Pertain To Assessment Years (Ays) 2013-14 & 2015-16 & Are Directed Against The Final Assessment Orders Passed By The Assessing Officer [Hereinafter Referred To As “Ao”] Under Section 147 R.W.S. 144C(13) Of The Income Tax Act, 1961 [Hereinafter Referred To As "The Act"], Pursuant To The Directions Of The Dispute Resolution Panel [Hereinafter Referred To As “Drp”]. The Core Issue In Both The Appeals Concerns The Addition Made By The Ao On Account Of Credits In The Assessee’S Non- Resident External (Nre) Bank Accounts.

For Appellant: Shri Tushar Hemani, Sr.Advocate &For Respondent: Shri Prathvi Raj Meena, CIT-DR
Section 143(2)Section 147Section 148

Bank accounts. ld.AO as well as Hon'ble DRP failed to appreciate the fact that source of fund along with source of source was properly explained. ld.AO as well as Hon'ble DRP failed to appreciate the fact that entire money was transfer from one account