← All Phrases

“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

Santosh Kumar Shukla, Lucknow vs. Assessment Unit, NFAC

ITA 400/LKW/2025[2015-16]Status: DisposedITAT Lucknow21 Nov 2025AY 2015-16

Bench: Shri. Sudhanshu Srivastavaassessment Year: 2015-16 Santosh Kumar Shukla V. The Assessment Unit 11A/141, Vrindavan Colony Nfac Lucknow (U.P) Tan/Pan:Bawps5372J (Appellant) (Respondent) Appellant By: Shri Shalabh Singh, Advocate Respondent By: Shri Amit Kumar, D.R. O R D E R This Appeal Has Been Preferred By The Assessee Against The Order Dated 12.03.2025 Passed By The National Faceless Appeal Centre (Nfac), Delhi For Assessment Year 2015-16. 2. The Brief Facts Of The Case Are That The Assessee Was An Employee Of Planning Research & Action Division Of State Planning Institute, Since 1993. The Case Of The Assessee Was Reopened Under Section 147 Of The Income Tax Act, 1961 (Hereinafter Called “The Act’) After Issuing Notice Under Section 148A(B) Of The Act, Vide Dated 16.03.2022 For The Reason That The Assessee Had Made Cash Deposits/Time Deposits In His Bank Account. In Response To Notice Under Section Under Section 148 Of The Act, The Assessee Filed His Return Of Income For The Year Under Consideration On 29.04.2022, Declaring A Total Income Of

For Appellant: Shri Shalabh Singh, AdvocateFor Respondent: Shri Amit Kumar, D.R
Section 144BSection 147Section 148Section 148ASection 149Section 149(1)(b)Section 151ASection 69Section 69A

Appellant is wrongly being prosecuted for lack of evidences on ITA No.400/LKW/2025 Page 16 of 26 his part to support the source of source of the moneys owned deposited utilized wholly by Geeta Awasthi and not by him  it was Geeta Awasthi whose cash as money deposit

Prem Grain Industries Pvt. Ltd, Jalgoan vs. DCIT Circle 1, Jalgaon

In the result, the appeal filed by the assessee is allowed

ITA 2012/PUN/2025[2016-17]Status: PendingITAT Pune20 Nov 2025AY 2016-17

Bench: Shri R. K. Panda & Ms. Astha Chandraassessment Year : 2016-17 Prem Grain Industries Pvt. Ltd. Dcit, Circle – 1, Jalgaon E 2/1, Midc Area, Ahjantha Vs. Road, Jalgaon – 425003 Pan: Aadcp9598E (Appellant) (Respondent) Assessee By : Shri Suresh Anchaliya Department By : Shri S. Sadananda Singh, Jcit Date Of Hearing : 11-11-2025 Date Of Pronouncement : 20-11-2025 O R D E R Per R.K. Panda, Vp: This Appeal Filed By The Assessee Is Directed Against The Order Dated 22.07.2025 Of The Ld. Cit(A), Pune-12 Relating To Assessment Year 2016-17. 2. Facts Of The Case, In Brief, Are That The Assessee Is A Company & Filed Its Return Of Income On 01.09.2016 Declaring Total Income Of Rs.Nil. The Return Was Processed U/S 143(1) Of The Income Tax Act, 1961 (Hereinafter Referred To As ‘The Act’). The Case Was Selected For Limited Scrutiny Through Cass For The Following Issue: “Whether Unsecured Loans Are Genuine & From Disclosed Sources.”

For Appellant: Shri Suresh AnchaliyaFor Respondent: Shri S. Sadananda Singh, JCIT
Section 131Section 132Section 132(4)Section 133(6)Section 143(1)Section 143(2)Section 144Section 68

under section 68 of the Act by treating a genuine loan as an accommodation entry due to allegedly not proving the source of source of unsecured loan received by the appellant without appreciating the fact that the appellant had duly proved the source of unsecured loan received

Income Tax Officer, Kolkata vs. Sumeru Retailers Private Limited, Kolkata

In the result, the appeal filed by the revenue is dismissed and cross-objection of the assessee is also dismissed as not pressed

ITA 1291/KOL/2024[2009-10]Status: DisposedITAT Kolkata19 Nov 2025AY 2009-10

Bench: Shri Rajesh Kumar & Shri Pradip Kumar Choubeyassessment Year: 2009-10 Ito, Kolkata………………………...….……………….……….……….……Appellant Vs. Sumeru Retailers Pvt. Ltd………………………………….....……...…..…..Respondent P-27, Princer Street, Dharmotolla, Kolkata-72. [Pan: Aamcs2504C] C.O. 15/Kol/2024 (In Ita No.1291/Kol/2024) Assessment Year: 2009-10 Sumeru Retailers Pvt. Ltd.….……………. ….……….…….……….……Cross-Objector P-27, Princer Street, Dharmotolla, Kolkata-72. [Pan: Aamcs2504C] Vs. Ito, Kolkata…………….....…………………………..…...…..…………….Respondent Appearances By: Shri Miraj D Shah, Ar, Appeared On Behalf Of The Assessee. Shri Anup Biswas, Addl. Cit- Dr, Appeared On Behalf Of The Revenue. Date Of Concluding The Hearing : October 27, 2025 Date Of Pronouncing The Order : November 19, 2025 Order Per Pradip Kumar Choubey:

Section 142(1)Section 143(3)Section 147Section 250Section 263Section 68

Certificate of incorporation, Bank statements and also in respect of shareholders, Share Application Form, Share Allotment Letter, IT Intimation u/s. 143(1), Source of source certificate etc. He further submitted that in response to notices issued u/s 133(6) of the Act, the all the share applicants

Kisan International Trading Fze, New Delhi vs. ACIT, Int. Tax 2(1)(2), Delhi

In the result, the appeal field by the assessee is allowed

ITA 6152/DEL/2024[2012-13]Status: DisposedITAT Delhi19 Nov 2025AY 2012-13

Bench: Shris.Rifaur Rahman & Shri Yogesh Kumar U.S.Kisan International Trading Fze, Vs. Acit, Circle C/O Shri Tarandeep Singh, Advocate Int. Tax 2(1)(2), C – 179, Mansarover Garden, Delhi. New Delhi – 110 015. (Pan :Aaeck0424D) (Appellant) (Respondent) Assessee By : Shri Tarandeep Singh, Advocate Shri Sandeep Yadav, Advocate Revenue By : Shri Vikram Singh Sharma, Sr. Dr Date Of Hearing : 21.08.2025 Date Of Order : 19.11.2025 Order Per S. Rifaur Rahman: 1. The Assessee Has Filed Appeal Against The Order Of The Learned Commissioner Of Income-Tax (Appeals), Delhi – 43 [“Ld. Cit(A)”, For Short] Dated 06.12.2024 For The Assessment Year 2012-13 Raising Following Grounds Of Appeal :- “1. That On Facts & In Law The Order Dated 06Th December 2024 Passed By The Commissioner Of Income Tax (Appeals) (Hereinafter Referred To As The "Cit(A)'} & Order Dated 23Rd December 2019 Passed By The Assessing Officer (Hereinafter Referred To As The "Ao") Are Bad In Law & Void Ab Initio.

For Appellant: Shri Tarandeep Singh, AdvocateFor Respondent: Shri Vikram Singh Sharma, Sr. DR
Section 115A(5)Section 147Section 148Section 195Section 251

assessee is non-resident company and the funds were transferred thru the legal channel and also came to know about the source of source was from the non-resident parent company, without there being proper reasons and material, he has no jurisdiction to initiate the proceedings

Assistant Commissioner of Income Tax, Panchkula Circle, Panchkula vs. Konark Rajhans Estate Private Limited, Panchkula

In the result, the appeal of the revenue stands dismissed

ITA 805/CHANDI/2024[2011-12]Status: DisposedITAT Chandigarh13 Nov 2025AY 2011-12

Bench: Hon’Ble Shri Rajpal Yadav & Hon’Ble Shri Manoj Kumar Aggarwal, Am आयकरअपीलसं./ Ita No. 805/Chandi/2024 (िनधा"रणवष" / Assessment Year: 2011-12 Acit M/S Konark Rajhans Estate Private Limited Panchkula Circle बनाम/ Vs. Nh 73, Village Kot Extension-Ii, Sector 14, Panchkula. Panchkula. "ायीलेखासं./जीआइआरसं./Pan/Gir No. Aaeck-2405-Q (अपीलाथ"/Appellant) : (""थ" / Respondent) अपीलाथ"कीओरसे/ Appellant By : Sh. Manav Bansal (Cit) – Ld. Dr ""थ"कीओरसे/Respondent By : Sh. Parikshit Aggarwal (Ca)-Ld. Ar सुनवाईकीतारीख/Date Of Hearing : 20-08-2025 घोषणाकीतारीख /Date Of Pronouncement : 13/11/2025 आदेश / O R D E R Manoj Kumar Aggarwal () 1.1 Aforesaid Appeal By The Revenue For Assessment Year (Ay) 2011- 12 Arises Out Of An Order Of Learned Commissioner Of Income Tax (Appeals), National Faceless Appeal Centre (Nfac), Delhi [Cit(A)] Dated 27-05-2024 In The Matter Of An Assessment Framed By Ld. Assessing Officer [Ao] U/S. 143(3) R.W.S. 147 Of The Act On 29-12-2018. The Revenue Is Aggrieved By Deletion Of Twin Quantum Additions Of Rs.40.85 Lacs & Rs.707.75 Lacs As Made By Ld. Ao In The Assessment Order. The Grounds Of Appeal Read As Under: -

For Appellant: Sh. Manav Bansal (CIT) – Ld. DRFor Respondent: Sh. Parikshit Aggarwal (CA)-Ld. AR
Section 131oSection 143(3)Section 148Section 40A(3)Section 68Section 68o

Sec.68 as applicable for this year, the assessee was only required to establish the source of the loans and not the source of source and the assessee had duly discharged its onus by furnishing above documents relating to RIPPL. Even otherwise, the RPIPL had received advances from ... money was subsequently refunded through account payee cheque. After due consideration of provisions of Sec.68, it was evident that obligation to explain source of source was effective from AY 2023-24 only. Before 01-04-2023, the assessee was not required to explain the source of source