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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

DCIT Central Circle-2(3), Mumbai vs. M/S. Sidh Granites Pvt. Ltd., Kolkata

ITA 996/MUM/2023[2018-19]Status: DisposedITAT Mumbai31 Aug 2023AY 2018-19

Bench: Shri Amarjit Singh & Shri Sandeep Singh Karhaildcit, Central Circle-2(3) Vs. M/S Sidh Granites Pvt. Room No. 803, 8 Th Floor, Ltd., 2Nd Floor, Room No. Pratishtha Bhavan, 21, 155B, Rabindra (Annexe), M.K.Road, Sarahi Burra Bazar, Churchgate, Kolkata – 400007 Mumbai - 400020 स्थायी लेखा सं./जीआइआर सं./Pan/Gir No: Aaecs2639G Appellant .. Respondent [ Appellant By : Anil Kumar Das Respondent By : Vimal Punamiya Date Of Hearing 15.06.2023 Date Of Pronouncement 31.08.2023 आदेश / O R D E R Per Amarjit Singh (Am): This Appeal Filed By The Revenue Is Directed Against The Order Passed By The Ld. Cit(A)-48, Mumbai, Dated 06.01.2023 For A.Y. 2018- 19. The Revenue Has Raised The Following Grounds Before Us: “1. Whether, On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit (A) Has Erred In Deleting The Addition On Account Of Bogus Unsecured Loan Of Rs. 8,82,00,000/- Treated As Unexplained Cash Credit In The Books Of The Assessee U/S 68 Of The Act. 2. The Appellant Craves Leave To Add, Delete, Alter, Modify, Rectify, Substitute Or Otherwise Any Or All Of The Grounds Of Appeal At Or Before The Time Of Hearing Of The Appeal. 3. The Appellant, Therefore, Prays That On The Grounds Stated Above, The Order Of The Ld. Cit (A), Mumbai, May Be Set Aside & That Of The Assessing Officer Restored.”

For Appellant: Anil Kumar DasFor Respondent: Vimal Punamiya
Section 132Section 133(6)Section 133ASection 148Section 68

discloses the source of their funds made through banking channel. In any case, the appellant is not required to explain the source of source of funds. The appellant had furnished the relevant bank statements of the lenders corresponding to the disputed loans and is not required

Asst. Commissioner of Income Tax, Circle-2(1)(1), Surat vs. M/S. Priyanshi Textile Private Ltd., Surat

In the result, appeal filed by the Revenue is dismissed

ITA 199/SRT/2022[2013-14]Status: DisposedITAT Surat29 Aug 2023AY 2013-14

Bench: Shri Pawan Singh, Jm & Dr. A. L. Saini, Am आयकर अपील सं./Ita No.199/Srt/2022 ("नधा"रणवष" / Assessment Years: (2013-14) (Physical Court Hearing) Assistant Commissioner Of M/S. Priyanshi Textile Pvt.Ltd., Income-Tax, Circle-2(1)(1), C/2, Plot No.74-79, Kim Sayan Vs. Surat, Room No.612, 6Th Floor, Road, Sunrise Interagated Textile Aayakar Bhawan, Near Majura Park, Kareli, Olpad, Surat- Gate, Surat-395001 394540 "थायीलेखासं./जीआइआरसं./Pan/Gir No.: Aaacy 4125 F (अपीलाथ" /Appellant) (""थ" /Respondent) िनधा"रती की ओर से /Assessee By : Shri Mehul Shah, Ca राज" की ओर से/Revenue By : Shri Ashok B. Koli, Cit- Dr सुनवाई क" तार"ख/ Date Of Hearing : 26/07/2023 घोषणा क" तार"ख/Date Of Pronouncement : 29/08/2023 आदेश / O R D E R Per Dr. A. L. Saini: Captioned Appeal Filed By The Revenue, Pertaining To Assessment Year (Ay) 2013-14, Is Directed Against The Order Passed By The National Faceless Appeal Centre, Delhi [Nfac/Ld. Cit(A) For Short] Dated 30.04.2022, Which In Turn Arises Out Of An Assessment Order Passed By The Assessing Officer, Under Section 143(3) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’) Dated 29.03.2016. 2. Grounds Of Appeal Raised By The Revenue Are As Follows: “(I) On The Facts & In The Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Deleting The Addition Of Rs.2,72,33,000/- Made By The Assessing Officer On Account Of Unexplained Cash Credit In The Form Of Unsecured Loan U/S 68 Of The Act As The Assessee Has Failed To Prove Bona Fide Of The Transaction Within The Meaning Of Section 68 Of The I.T. Act, 1961. (Ii) On The Facts & Circumstances Of The Case & In Law, The Ld. Cit(A) Has Erred In Deleting The Addition Of Rs.1,08,00,000/- Made By The Assessing Officer On Account Of Unexplained Share Capital & Share Premium U/S 68 Of The Act, Since The Assessee Failed To Prove The Source Of Source.

For Appellant: Shri Mehul Shah, CAFor Respondent: Shri Ashok B. Koli, CIT- DR
Section 142(1)Section 143(3)Section 145(3)Section 68

Officer on account of unexplained share capital and share premium u/s 68 of the Act, since the assessee failed to prove the source of source. ITA No.199/SRT/2022 A. Y. 2013-14 M/s Priyanshi Textile Pvt. Ltd. (iii) On the facts and circumstances of the case ... No.199/SRT/2022 A. Y. 2013-14 M/s Priyanshi Textile Pvt. Ltd. M/s Sai Ganesh Textiles, also the assessee has explained the source of source. Thus, for all the 5 parties from whom cash credits were taken by the assessee, the assessing officer's observations and findings of non-compliance