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

Income-tax Act, 2025: s.92

Section 56(2)(x) 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)(x) is ACB India Ltd. v. ACIT (374 ITR 108), cited in 364 of the 565 judgments on BharatTax that turn on this section.

Leading authorities on Section 56(2)(x)

ACB India Ltd. v. ACIT
374 ITR 108 · 2015 · High Court
364
citing judgments

When computing disallowance under Section 14A of the Income-tax Act using Rule 8D of the Income-tax Rules, only investments that have actually yielded exempt income during the relevant previous year are to be considered for the calculation.

TM) Vishnu Jaiswal v. CIT
357 ITR 146 · 2013 · High Court
272
citing judgments

If the Assessing Officer has not conducted any investigation and thus has not discharged their burden of proof, any addition made by the AO is unsustainable and must be deleted.

CIT v. Ashwani Gupta
322 ITR 396 · 2010 · High Court
262
citing judgments

Proceedings become fatal if principles of natural justice are violated, such as when seized material is not provided to the assessee or cross-examination of a person whose statement the Assessing Officer relies upon is denied.

Mahindra & Mahindra Ltd. v. CIT
261 ITR 501 · 2003 · High Court
147
citing judgments

Section 41(1) of the Income-tax Act cannot be invoked if the assessee has not been granted a deduction for the relevant liability in earlier years.

CIT v. Naresh Khattar (HUF)
261 ITR 664 · 2003 · High Court
75
citing judgments

An adverse inference cannot be drawn against an assessee solely based on uncorroborated loose papers found during a search or on a statement made during the search that is later retracted, unless the Assessing Officer conducts independent enquiry to establish the facts.

CIT v. Dinesh Jain HUF (Delhi HC)
352 ITR 629 · 2013 · High Court
71
citing judgments

To make an addition under Section 69B for undisclosed investment, the Revenue must first prove that an understatement of investment has occurred and that the assessee made the undisclosed investment. The burden of proof lies with the Revenue, and additions cannot be based merely on presumptions or assumptions without corroborative material.

Maria Fernandes Cheryl v. ITO (International Taxation)
123 Taxmann.com 252 · 2021 · ITAT
65
citing judgments

The amendment introducing a tolerance band (safe harbour) under section 50C, allowing a difference of up to 10% between actual sale consideration and stamp duty valuation, applies retrospectively. If the difference falls within this limit, the actual sale consideration is adopted as the full value of consideration for computing capital gains.

Allied Motors v. CIT
297 ITR 322 · 2008 · Supreme Court
59
citing judgments

An amendment to a section is declaratory and clarifies the existing legal position, rather than introducing a new rule.

PCIT v. Krishna Devi (Delhi HC)
149 TTJ 165 · ITAT
48
citing judgments

Additions made by the Assessing Officer are unsustainable and deserve to be deleted when no appropriate investigation has been carried out and the burden of proof has not been discharged.

PCIT v. Jaypee Financial Services Ltd.
280 Taxmann 147 · 2021 · High Court
44
citing judgments

Statements recorded after an impugned search cannot be considered as incriminating material seized during the search for the purpose of proceedings under section 153A.

Judgments on Section 56(2)(x)

Debasis Das, Hooghly vs. ITO, Ward 24(1), Hooghly

In the result, appeal of the assessee is allowed for statistical purposes

ITA 869/KOL/2025[2020-2021]Status: DisposedITAT Kolkata19 Sept 2025AY 2020-2021

Bench: Shri Manjunatha G & Shri Sonjoy Sarmadebasis Das, Vs Ito, Ward-24 (1), Hooghly Motherland Nursing Home, Dankuni, Hooghly-712224 Pan No. :Akfpd 3436 J (अपीलधर्थी /Appellant) (प्रत्यर्थी / Respondent) .. निर्धाररती की ओर से /Assessee By : Shri S.P.Datta, Advocate रधजस्व की ओर से /Revenue By : Shri Sallong Yaden, Addl.Cit-Sr.Dr सुनवाई की तारीख / Date Of Hearing : 17/09/2025 घोषणा की तारीख/Date Of Pronouncement : 19/09/2025 आदेश / O R D E R Per Manjunatha G, Am: This Appeal Filed By The Assessee Is Directed Against The Order Passed By The Ld. Cit(A), National Faceless Appeal Centre (Nfac), Delhi, Dated 17.03.2025 Pertaining To Assessment Year 2020-2021, On The Following Grounds :- 1. That The Addition A Sum Of Rs. 44,95,500/- Is Bad. Illegal & Arbitrary In Nature. 2. That Without Considering The Actual Purchase Consideration Of The Landed Property, The Enhance Valuation Determined By Stamp Duty Valuer Is Mere A Guess Work & Such Enhanced Valuation Is Without Any Basis. Hence Such Enhancement Shall Liable To Be Quashed. 3. That The Assessing Officer Ought To Have Considered The Alternative Remedy Which Are Available In Income Tax Act & Refer This Matter To The Dvo For Fresh Valuation. 4. That On The Basis Of Mere Difference Between Stamp Duty Valuation & Actual Sale Consideration Shall Not Be The Sole Determination For Such Unlawful & Illegal Addition. Hence The Benefit Of Law Which Are Available & Prescribed In The Act Shall Be Taken Into Consideration At The Time Of Such Determination Of Such Income Tax Liability.

For Appellant: Shri S.P.Datta, AdvocateFor Respondent: Shri Sallong Yaden, Addl.CIT-Sr.DR
Section 143(1)Section 143(3)Section 56(2)(x)