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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

Bhaskar Arvind Kumar Hingad, Mumbai vs. Asstt CIT-24(1), Mumbai

In the result, the appeal of the assessee stands allowed

ITA 692/MUM/2022[2014-15]Status: DisposedITAT Mumbai21 Oct 2022AY 2014-15

Bench: Shri Pramod Kumar, Vp & Shri Aby T. Varkey, Jm आयकर अपील सं/ I.T.A. No.692/Mum/2022 (निर्धारण वर्ा / Assessment Years: 2014-15) Bhaskar Arvind Kumar बिधम/ Acit-24(1) Hingad 601, 6Th Floor, Piramal Vs. Flat No. 1, Ratnakar Chambers, Lalbaug, Parel, Building, 26 Narayan Mumbai-400012. Dhabolkar Road, Mumbai- 400006. स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Aacph2812F (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Vijay Mehta Revenue By: Dr. Mahesh Akhade (Dr) सुनवाई की तारीख / Date Of Hearing: 29/08/2022 घोषणा की तारीख /Date Of Pronouncement: 21/10/2022 आदेश / O R D E R Per Aby T. Varkey, Jm: This Appeal Preferred By The Assessee Is Against The Order Of The Ld. Principal Commissioner Of Income Tax-20 [Hereinafter Referred To As The “Pcit”], Mumbai Dated 31.03.2022 For Assessment Year 2014- 15 Passed Under Section 263 Of The Income Tax Act, 1961 (Hereinafter Referred To As “The Act”).

For Appellant: Shri Vijay MehtaFor Respondent: Dr. Mahesh Akhade (DR)
Section 143(3)Section 263

notice that the assessee had furnished the bank statements of the loan creditors before the Ld. Pr. CIT which evidenced the source of source of loan and showed that there was no prior deposit of cash before advancement of loan. The Ld. Pr. CIT is however noted ... stood as on 1st April 2014, was that the assessee was not required to statutorily substantiate the source of source of loans received during the year. The requirement to prove the source of source of loan was brought in by the Finance Act, 2022 prospectively from

ACIT 25 (2), Mumbai vs. Smt. Anjana Laxmidas Vora, Mumbai

The appeal of the AO is dismissed

ITA 7944/MUM/2019[2016-17]Status: DisposedITAT Mumbai17 Oct 2022AY 2016-17

Bench: Shri Prashant Maharishi, Am & Shri Rahul Chaudhary, Jm The Assistant Commissioner Of Income Tax – 25 (2) Room Number 220, Second Srimati Anjana Laxmidas Floor, Vora Kautilya Bhavan 1202 – C, Elita, N Dutta Vs. Marg, Behind D N Nagar Bandra Kurla Complex Police Station, Mumbai – 53 Bandra (E) Mumbai – 51 (Appellant) (Respondent) Pan No. Aaipv0293L Co 70/Mumbai/2021 (Assessment Years 2016 – 17) The Assistant Commissioner Of Income Srimati Anjana Laxmidas Tax – 25 (2) Vora Room Number 220, Second 1202 – C, Elita, N Dutta Floor, Vs. Marg, Behind D N Nagar Kautilya Bhavan Police Station, Mumbai – 53 Bandra Kurla Complex Bandra (E) Mumbai – 51 (Appellant) (Respondent)

For Appellant: Shri Rajan Vora, CAFor Respondent: Shri Sunil Jha CIT DR
Section 143Section 68

documents the identity, creditworthiness of the trust and genuineness of the transaction and the Assessee is not liable to prove the source of source of funds i.e., the source of funds received by the trust (iv) without appreciating that proceeds received by the Assessee during the year ... beyond doubt proved the identity, creditworthiness of thetrust andgenuineness of the transaction (iii) though Assessee is not liable to prove the „source of source‟, as per the provisions of Section 68 of the act, stillAssessee has proved the same with substantial documents filed on record and therefore addition

DCIT 4 (3)(1), Mumbai vs. Shri Mohit Keepak Kamboj, Mumbai

ITA 4285/MUM/2019[2010-11]Status: DisposedITAT Mumbai28 Sept 2022AY 2010-11

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.4285/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2010-11) & आयकर अपील सं/ I.T.A. No.6384/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2010-11) Dcit-4(3)(1) बिधम/ Shri Mohit Deepak Room No. 649, 6Th Floor, Kamboj Vs. Aayakar Bhavan, Mumbai- A-15, Venus Co-Op. 400020. Society, R. G. Thandani Marg, Mumbai-400018. & आयकर अपील सं/ I.T.A. No.801/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2012-13) Acit, Cir-6(3)(2) बिधम/ Shri Mohit Deepak R. No. 522, 5Th Floor, Kamboj Vs. Aayakar Bhavan, M. K. A-15, Venus Co-Op. Road, Mumbai-400020. Society, R. G. Thandani Marg, Mumbai-400018 स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Alcpk2213Q (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Satyaprakash Singh Revenue By: Shri P. R. Mane सुनवाई की तारीख / Date Of Hearing: 15/07/2022 घोषणा की तारीख /Date Of Pronouncement: 28/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm:

For Appellant: Shri Satyaprakash SinghFor Respondent: Shri P. R. Mane
Section 143(2)Section 143(3)Section 2(22)(e)Section 23Section 68

much as according to him, the provisions of Section 68 of the Act does not require the assessee to substantiate the source of source of loans. He thus argued that, this additional burden put upon the assessee by the AO was without the mandate of law and hence ... burden on the assessees, who have been credited sums comprising of loans or borrowings, that they shall be required to substantiate the source of source of the sums so credited. The said proviso has been made applicable prospectively, i.e. from 1st April 2023. Meaning thereby, from

ACIT Cir-6(3)(2), Mumbai vs. Shri Mohit Deepak Kamboj, Mumbai

ITA 801/MUM/2018[2012-13]Status: DisposedITAT Mumbai28 Sept 2022AY 2012-13

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.4285/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2010-11) & आयकर अपील सं/ I.T.A. No.6384/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2010-11) Dcit-4(3)(1) बिधम/ Shri Mohit Deepak Room No. 649, 6Th Floor, Kamboj Vs. Aayakar Bhavan, Mumbai- A-15, Venus Co-Op. 400020. Society, R. G. Thandani Marg, Mumbai-400018. & आयकर अपील सं/ I.T.A. No.801/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2012-13) Acit, Cir-6(3)(2) बिधम/ Shri Mohit Deepak R. No. 522, 5Th Floor, Kamboj Vs. Aayakar Bhavan, M. K. A-15, Venus Co-Op. Road, Mumbai-400020. Society, R. G. Thandani Marg, Mumbai-400018 स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Alckp2213G (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Satyaprakash Singh Revenue By: Shri P. R. Mane सुनवाई की तारीख / Date Of Hearing: 15/07/2022 घोषणा की तारीख /Date Of Pronouncement: 28/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm:

For Appellant: Shri Satyaprakash SinghFor Respondent: Shri P. R. Mane
Section 143(2)Section 143(3)Section 2(22)(e)Section 23Section 68

much as according to him, the provisions of Section 68 of the Act does not require the assessee to substantiate the source of source of loans. He thus argued that, this additional burden put upon the assessee by the AO was without the mandate of law and hence ... burden on the assessees, who have been credited sums comprising of loans or borrowings, that they shall be required to substantiate the source of source of the sums so credited. The said proviso has been made applicable prospectively, i.e. from 1st April 2023. Meaning thereby, from

DCIT 4 (3)(1), Mumbai vs. Mohit Deepak Kamboj, Mumbai

ITA 6384/MUM/2018[2010-11]Status: DisposedITAT Mumbai28 Sept 2022AY 2010-11

Bench: Shri Aby T. Varkey, Jm & Shri S. Rifaur Rahman, Am आयकर अपील सं/ I.T.A. No.4285/Mum/2019 (निर्धारण वर्ा / Assessment Year: 2010-11) & आयकर अपील सं/ I.T.A. No.6384/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2010-11) Dcit-4(3)(1) बिधम/ Shri Mohit Deepak Room No. 649, 6Th Floor, Kamboj Vs. Aayakar Bhavan, Mumbai- A-15, Venus Co-Op. 400020. Society, R. G. Thandani Marg, Mumbai-400018. & आयकर अपील सं/ I.T.A. No.801/Mum/2018 (निर्धारण वर्ा / Assessment Year: 2012-13) Acit, Cir-6(3)(2) बिधम/ Shri Mohit Deepak R. No. 522, 5Th Floor, Kamboj Vs. Aayakar Bhavan, M. K. A-15, Venus Co-Op. Road, Mumbai-400020. Society, R. G. Thandani Marg, Mumbai-400018 स्थधयी लेखध सं./जीआइआर सं./Pan/Gir No. : Alckp2213G (अपीलार्थी /Appellant) .. (प्रत्यर्थी / Respondent) Assessee By: Shri Satyaprakash Singh Revenue By: Shri P. R. Mane सुनवाई की तारीख / Date Of Hearing: 15/07/2022 घोषणा की तारीख /Date Of Pronouncement: 28/09/2022 आदेश / O R D E R Per Aby T. Varkey, Jm:

For Appellant: Shri Satyaprakash SinghFor Respondent: Shri P. R. Mane
Section 143(2)Section 143(3)Section 2(22)(e)Section 23Section 68

much as according to him, the provisions of Section 68 of the Act does not require the assessee to substantiate the source of source of loans. He thus argued that, this additional burden put upon the assessee by the AO was without the mandate of law and hence ... burden on the assessees, who have been credited sums comprising of loans or borrowings, that they shall be required to substantiate the source of source of the sums so credited. The said proviso has been made applicable prospectively, i.e. from 1st April 2023. Meaning thereby, from

Syed Mohammed Rizwan, Bangalore vs. Income Tax Officer, Ward-2(2)(8), Bangalore

In the result, the appeal filed by the assessee is allowed for statistical purposes

ITA 696/BANG/2022[2017-18]Status: DisposedITAT Bangalore20 Sept 2022AY 2017-18

Bench: Shri N.V. Vasudevan & Ms. Padmavathy S.Shri Syed Mohammed Rizwan Vs The Income Tax Officer-2(2)(8) No. 193, 1St Main Road Bmtc Depot Sheshadripuram Koramangala Bangalore 560020 Bengaluru 560095 Pan – Afvpr3337R (Appellant) (Respondent) Assessee By: Shri B.R. Sudheendra, Ca Revenue By: Shri K.R. Narayan, Addl Cit-Dr Date Of Hearing: 12/09/2022 Date Of Pronouncement: 20/09/2022 O R D E R Per: Padmavathy, A.M. This Appeal Is Against The Order Of The Commissioner Of Income Tax(Appeals)-11, Bangalore Dated 22.07.2022 For Ay 2017-18. 2. The Assessee Has Raised The Following Grounds Of Appeal: - “1. General Ground 1.1 The Order Passed By The Cit(A) 11, Bangalore Is Bad In Law & 'Liable To Be Quashed. 2. Assessment Order Passed In Violation Of Principles Of Natural Justice 2.1 The Learned Ao Erred In Making The Addition Under Section 68 Amounting To Rs. 3,99,46,180, Rs. 33,69,742 & .The Disallowance Of Interest Under Section 24(B) Amounting To Rs. 2,00,000 In An Undue, Haste & Mechanical Manner Without Properly Considering The Details & Documents Filed During The Assessment. 2.2 The Learned Ao Erred In Passing The Assessment Order & Erred In Making The Impugned Additions Without Issuing Any Show Cause Notice

For Appellant: Shri B.R. Sudheendra, CAFor Respondent: Shri K.R. Narayan, Addl CIT-DR
Section 143(2)Section 234BSection 24Section 68

unsecured loans were taken through banking transactions. 4.3 The learned CIT(A) 11, Bangalore erred in not appreciating that the source of source is not required to be proved by the assessee and further some of the loan balances were carriedforward from earlier years for which no addition