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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

ITO, New Delhi vs. M/S Amb Homes Pvt. Ltd., New Delhi

ITA 2749/DEL/2017[2012-13]Status: DisposedITAT Delhi06 Dec 2024AY 2012-13

Bench: Shri S.Rifaur Rahman & Shri Sudhir Pareekito, Ward 1 (1), Vs. M/S. Amb Homes Pvt. Ltd., New Delhi. D-62, Ground Floor, Defence Colony, New Delhi – 110 024. (Pan : Aagca4596C) Co No.152/Del/2017 (In Ita No.2749/Del/2017) (Assessment Year: 2012-13) M/S. Amb Homes Pvt. Ltd., Vs. Ito, Ward 1 (1), D-62, Ground Floor, New Delhi. Defence Colony, New Delhi – 110 024. (Pan : Aagca4596C) (Appellant) (Respondent) Assessee By : Shri Mohit Gupta, Ca Revenue By : Shri Kanv Bali, Sr. Dr Date Of Hearing : 24.09.2024 Date Of Order : 06.12.2024 O R D E R Per S. Rifaur Rahman,Am: 1. This Appeal Is Filed By The Revenue Against The Order Of Ld. Commissioner Of Income-Tax (Appeals)-I, New Delhi [Hereinafter

For Appellant: Shri Mohit Gupta, CAFor Respondent: Shri Kanv Bali, Sr. DR
Section 142(1)Section 143(2)Section 144Section 144(1)Section 14ASection 68

held that it is for the assessee to explain the creditworthiness of the share subscribers and genuineness of the transaction including the source of source. He further submitted that in this regard, the ITAT held that section 68 of the Act amended by Finance Act 2012, w.e.f ... onus is cast upon the assessee to justify the source of share subscription including share premium raised and to explain the source of source of raising the share subscription and ITAT, Mumbai has relied upon the decision of ITAT, Kolkata in the case of Subhlakshmi Vanijya

Karunamoorthi Kavitha, Dharmapuri vs. DCIT, Central Circle, Salem

In the result, appeal filed by the assessee is allowed

ITA 1732/CHNY/2024[2018-19]Status: DisposedITAT Chennai05 Dec 2024AY 2018-19

Bench: Shri George George K, Hon’Ble & Shri S.R. Raghunatha, Hon’Bleआयकर अपील सं./Ita No.: 1732/Chny/2024 िनधा"रण वष" / Assessment Year: 2018-19 Karunamoorthi Kavitha, Assistant Commissioner Of No.10A, Vijaya Hospital, V. Income Tax, Pennagaram Main Road, Opp Central Circle, Madheswara Theatre, Salem – 636 007. Dharmapuri – 636 701. [Pan: Amfpk-6223-L] (अपीलाथ"/Appellant) (""यथ"/Respondent) अपीलाथ" क" ओर से/Appellant By : Shri. N. Arjun Raj, Advocate : Shri. Shiva Srinivas, Addl. Cit ""यथ" क" ओर से/Respondent By सुनवाई क" तारीख/Date Of Hearing : 19.11.2024 घोषणा क" तारीख/Date Of Pronouncement : 05.12.2024

For Appellant: Shri. N. Arjun Raj, Advocate
Section 133ASection 143(3)Section 234ASection 68

cash and hence, the question of demonstrating the cash withdrawal from the bank does not arise. Further, the assessee submitted that source of source cannot be asked by the Assessing Officer once the assessee has explained the nature and source of the deposit and has discharged ... proved. The facts of present case, no where show that AO has doubted genuineness of Gift since appellant failed to establish source for source as claimed by the appellant in her written submission filed during appeal proceedings. In the present case, financial capacity of donor on date