Section 56(2)(viii) of the Income Tax Act

Income-tax Act, 2025: s.92

Section 56(2)(viii) falls under section 56 of the Income-tax Act, 1961, which corresponds to section 92 (Income from other sources) of the Income-tax Act, 2025.

Read section 92 of the 2025 Act

Correspondence checked against the ICAI tabular mapping of the two Acts and the BharatTax.co section commentary.

The decision most relied on for Section 56(2)(viii) is CIT v. Sunbeam Auto Ltd. (332 ITR 167), cited in 897 of the 364 judgments on BharatTax that turn on this section.

Leading authorities on Section 56(2)(viii)

CIT v. Sunbeam Auto Ltd.
332 ITR 167 · 2011 · High Court
897
citing judgments

The Commissioner cannot revise an assessment under Section 263 merely because the assessment order does not explicitly reflect an inquiry, or because the Commissioner holds a different opinion. An inquiry, even if considered inadequate, or an assessment based on a plausible view by the Assessing Officer after due examination, does not automatically make the order erroneous or prejudicial to the interests of the revenue.

ITO v. D.G. Housing Projects Ltd.
343 ITR 329 · 2012 · High Court
438
citing judgments

For exercising revisional jurisdiction under Section 263, the Commissioner must first find that the Assessing Officer's order is erroneous and unsustainable in law, as this is a condition precedent. An order is not erroneous merely because two views are possible, or if the Commissioner disagrees with the Assessing Officer's permissible view, or to simply remit the matter for further enquiries.

CIT v. Ghanshyam (HUF)
315 ITR 1 · 2009 · Supreme Court
363
citing judgments

Interest received under Section 28 of the Land Acquisition Act, 1894, is considered part of the enhanced compensation on compulsory acquisition of land. It is taxable as 'capital gains' and not separately as 'interest income' under the head Income from Other Sources.

CIT v. Thana Electricity Supply Ltd.
206 ITR 727 · 1994 · High Court
260
citing judgments

The law declared by the Supreme Court is binding on all courts in India, and decisions of a High Court are binding on subordinate courts and tribunals within its jurisdiction but not on courts or tribunals outside its jurisdiction.

Rama Bai v. CIT
181 ITR 400 · 1990 · Supreme Court
258
citing judgments

Interest income is taxable on either an accrual or cash basis, determined by accounting principles. This method was applicable prior to legislative changes that simplified the taxation of interest income.

KOTAK MAHINDRA CO. LTD. AND ANOTHER. 367 50.(1987) 3 SCC 544: MADHAV AYAWADANRAO HOSKOT v. STATE OF MAHARASHTRA. 51
10 SCC 1 · 2014 · Supreme Court
250
citing judgments

The judgment in Kotak Mahindra Co. Ltd. does not appear to be directly cited for a specific income tax proposition in the provided passages. The passages merely list it as one of several cases cited in subsequent judgments, without detailing its specific contribution to the legal reasoning.

CIT v. Govindbhai Mamaiya
91 Taxmann.com 20 · 2018 · Supreme Court
205
citing judgments

Interest on enhanced compensation received under Section 28 of the Land Acquisition Act, 1894, is considered part of the compensation, not merely interest income, and is exigible to tax on a receipt basis.

V.M.Salgaocar & Bros.(P) Ltd. v. CIT
243 ITR 383 · 2000 · Supreme Court
189
citing judgments

An order by the Supreme Court dismissing a Special Leave Petition (SLP) at the threshold without detailed reasons does not constitute a declaration of law or a binding precedent. Such dismissal in limine offers no legal assistance.

CIT v. Sohana Woollen Mills
296 ITR 238 · 2008 · High Court
180
citing judgments

A mere audit objection, by itself, is insufficient to infer that an Assessing Officer's order is erroneous or prejudicial to the interest of the Revenue for the purpose of initiating revisional proceedings.

Mahender Pal Narang v. CBDT
161 Taxmann.com 301 · 2024 · High Court
178
citing judgments

Interest received as enhanced compensation under Section 28 of the Land Acquisition Act, 1894, for compulsory acquisition of land is taxable as "income from other sources" under Sections 56(2)(viii) and 57(iv) of the Income-tax Act, 1961, and is not exempt under Section 10(37).

Judgments on Section 56(2)(viii)

Akhilesh Bansal, Gurgaon vs. ITO, Gurgaon

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

ITA 2394/DEL/2026[2018-19]Status: DisposedITAT Delhi27 Jul 2026AY 2018-19

Bench: Shri S.Rifaur Rahman & Shri Sunil Kumar Singhakhilesh Bansal, Vs. Ito, Ward 1 (1), 47, Raj Niwas, Sector 5, Gurgaon. Gurgaon - 122 001 (Haryana). (Pan : Ahfpb1275J) (Appellant) (Respondent) Assessee By : Shri R.S. Singhvi, Ca Shri Satyajeet Goyal, Ca Revenue By : Shri G.P. Singh, Sr. Dr Date Of Hearing : 01.07.2026 Date Of Pronouncement : 27.07.2026 O R D E R Per S.Rifaur Rahman,Am: 1. This Appeal Is Filed By The Assessee Against The Order Passed By The Ld. Commissioner Of Income-Tax (Appeals)/National Faceless Appeal Centre (Nfac) Dated 02.01.2026 For The Ay 2018-19. 2. Brief Facts Of The Case Are, In The Year Under Consideration, The Assessee Received Enhanced Compensation Amounting To Rs.2,15,77,773/- Together With Interest Of Rs.2,23,78,473/- Consequent To Compulsory Acquisition Of Land Situated In Village Badha, Tehsil Manesar, District Gurugram By 2 Huda. The Land Was Originally Purchased In The Year 2007. The Assessee Claimed The Enhanced Compensation & Damages In The Form Of Interest U/S 28 Of The Land Acquisition Act As Exempt On The Ground That The Land Acquired Was Rural Agricultural Land Situated Beyond The Prescribed Municipal Limits And, Therefore, Did Not Constitute A "Capital Asset" Within The Meaning Of Section 2(14)(Iii) Of The Income-Tax Act, 1961 (For Short ‘The Act’). The Assessing Officer, However, Rejected The Claim & Treated The Enhanced Compensation As Taxable Under Section 45(5) & The Interest As Taxable Under The Head "Income From Other Sources".

For Appellant: Shri R.S. Singhvi, CAFor Respondent: Shri G.P. Singh, Sr. DR
Section 2(14)Section 2(14)(iii)Section 28Section 45(5)