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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

Pooja Equiresearch Pvt Ltd, Mumbai vs. DCIT, Central Circle 8(2), Mumbai

In the result, appeal of the assessee stands allowed

ITA 5941/MUM/2024[2011-12]Status: DisposedITAT Mumbai25 Feb 2025AY 2011-12

Bench: Shri Narender Kumar Choudhry, Jm & Shri Prabhash Shankar, Am आयकर अपील सं./Ita No.5941/Mum/2024 (निर्धारण वर्ा / Assessment Year :2011-2012) Pooja Equiresearch Pvt. Ltd., Vs. Dcit, Central Circle-8(2), B-101, Hari Darshan Bhogilal Mumbai Phadia Road, Kandivali (West) स्थायी लेखा सं./Pan No. : Aaacp 6499 F (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) निर्ाारिती की ओर से /Assessee By : Ms. Dinkle Hariya & Ms. Shruti Kalyanikar राजस्व की ओर से /Revenue By : Shri Mahesh Pamnani, Sr.Dr

For Appellant: Ms. Dinkle Hariya & MsFor Respondent: Shri Mahesh Pamnani, Sr.DR
Section 133(6)Section 147Section 148Section 250Section 68

nature and source of the sum found credited in the books of the Assessee maintained for previous year, but not the source of source. It is not in controversy that in the instant case, as observed by the authorities below as well, specifically ... vide amendment by the Finance Act, 2012 w.e.f. 1st April, 2013, the Assessee was not supposed to establish the source of source. As observed above, the Assessee has admittedly been able to establish the identity of the creditors and the source of the credits in its books