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)

Russel Premnath Rajappa, Chennai vs. ITO, Ward-92, Chennai

ITA 1388/CHNY/2026[2018-19]Status: DisposedITAT Chennai02 Jul 2026AY 2018-19

Bench: Honourable George George K. & Shri Gagan Goyalआयकर अपील सं./Ita No. 1388 & Sa-92/Chny/2026 ननिाजरण वर्ज /Assessment Years: 2018-19 Russel Premnath Rajappa V. Income Tax Officer, No.16/10, Ramanujan Street, Ward-92, Choolaimedu High Road, Chennai. Near Moor Market, Chennai-600 094. [Pan: Agxpr1041D] (अपीलार्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलार्थी की ओर से/ Assessee By : Ms. Gayathri, Advocate, Ld. Ar प्रत्यर्थी की ओर से /Revenue By : Mr. Beesam Narasing Rao, Jcit Ld. Dr सुनवाईकीतारीख/Date Of Hearing : 24.06.2026 घोषणाकीतारीख /Date Of Pronouncement : 02.07.2026 आदेश / O R D E R Per Gagan Goyal, Am: This Is An Appeal Preferred By The Assessee Against The Order Of The Ld. Commissioner Of Income Tax (A) / Nfac (Hereinafter Referred As The ‘Ld.Cit(A)’), Dated 13.01.2026 For The Assessment Year (Hereinafter Referred As The ‘Ay’) 2018-19. Grounds Of Appeal 1. The Impugned Order Is Contrary To Law, Facts & Circumstances Of The Case & The Judicial Discipline Is Not Followed & The Impugned Order Is Passed Without Application Of Mind. 2. The Hon'Ble Appellate Authority Ought To Have Taken Into The Consideration The Fact That The Assessment Order Does Not Deals With The Finding In Respect To Misreporting Of The Income To Invoke Penalty Under Section 270A (8) 3. The Hon'Ble Appellate Authority Ought To Have Taken Into The Consideration That The Appellant Voluntary Disclosed Rs. 4,78,407/- As Deemed Income At The Time Of Reassessment & Further Paid Additional Tax Of Rs. Rs. 2,20,501/- As Determined By The Respondent Within The Due Date.

For Appellant: Ms. Gayathri, AdvocateFor Respondent: Mr. Beesam Narasing Rao, JCIT
Section 2Section 270Section 270ASection 50CSection 56(2)Section 56(2)(x)

Shri Akshay Manoj Pagdhare, Mumbai vs. ITO Ward-42(1)(1), Mumbai

ITA 1013/MUM/2026[1013]Status: DisposedITAT Mumbai24 Jun 2026

Bench: Shri Om Prakash Kant & Shri Anikesh Banerjeeakshay Manoj Pagdhare Vs Ito Ward 42(1)(1), Mumbai 401, Anant B Bhakti Complex, Kautilya Bhavan, Bkc, Bandra East, Kandarpada, Link Road, Mumbai-400051 Dahisar (West) Mumbai- 400068 Pan: Alfpp9823Q Appellant Respondent Assessee By : None Revenue By : Shri Mukesh Thakwani (Sr.Dr) Date Of Hearing : 22/06/2026 Date Of Pronouncement : 24/06/2026 O R D E R Per:Anikesh Banerjee (Jm): The Instant Appeal Of The Assessee Filed Against The Order Of The Nfac, Delhi [For Brevity The “Ld. Cit(A)”], Order Passed Under Section 250 Of The Income Tax Act 1961 (For Brevity ‘The Act’) For Assessment Year 2020-21, Date Of Order 04.04.2025. The Impugned Order Emanated From The Order Of The Assessment Unit Income Tax Department (For Brevity The ‘Ld. Ao’) Order Passed Under Section 143(3) R.W.S. 144B Of The Act Date Of Order 21.09.2022. 2 Shri Akshay Manoj Pagdhare 2. When The Appeals Were Called For Hearing, None Appeared On Behalf Of The Assessee. The Bench Had Granted Several Opportunities & Adjourned The Matter On Multiple Occasions To Enable The Assessee To Prosecute The Appeal. However, Despite Such Opportunities, No One Appeared On Behalf Of The Assessee. Accordingly, After Considering The Material Available On Record, We Proceed To Dispose Of The Appeal Ex Parte Qua The Assessee After Hearing The Submissions Of The Ld. Dr.

For Appellant: NoneFor Respondent: Shri Mukesh Thakwani (Sr.DR)
Section 143(3)Section 250Section 56(2)(x)

Palani Vel Rajan, Chennai vs. ITO, Intl Taxn Ward 2(1), Chennai

In the result, the assessee succeeds on both the substantive issues

ITA 3909/CHNY/2025[2020-21]Status: DisposedITAT Chennai15 Jun 2026AY 2020-21

Bench: Shri Aby T Varkey & Shri S. R. Raghunathaआयकर अपील सं./Ita No.3909 /Chny/2025 निर्धारण वर्ा / Assessment Year : 2020-21 Palani Vel Rajan The Income Tax Officer No.8, Bacton Street Vs. International Taxation Ward 2(1) Vgn Victoria Park, Ambattur Chennai. Chennai – 600 058. [Pan: Amlpp0584D] (अपीलधर्थी/Appellant) (प्रत्यर्थी/Respondent) अपीलधर्थी की ओर से/Appellant By : Shri. Aditya Gupta (Virtual) प्रत्यर्थी की ओर से/Respondent By : Ms. V.Supraja, Addl.Cit (Virtual) सुिवधई की तधरीख/Date Of Hearing : 25.03. 2026 घोर्णध की तधरीख/Date Of Pronouncement : 15.06.2026 आदेश /O R D E R Per S. R. Raghunatha, Am : The Present Appeal Of The Assessee Is Directed Against The Order Dated 20.11.2025 Of The Learned Commissioner Of Income Tax (Appeals)-16, Chennai [Hereinafter Referred To As The “Ld.Cit(A)”], Arising Out Of The Assessment Order Dated 22.04.2025 Framed U/S.147 R.W.S 144C(3) Of The Income-Tax Act, 1961 [Hereinafter Referred To As “The Act”], By The Income Tax Officer, International Taxation Ward 2(1), Chennai [Hereinafter Referred To As “The Ao”] Pertaining To The Assessment Year 2020-21. :-2-: Ita. No:3909 /Chny/2025

For Appellant: Shri. Aditya Gupta (Virtual)For Respondent: Ms. V.Supraja, Addl.CIT (Virtual)
Section 139Section 142(1)Section 143(2)Section 144C(3)Section 147Section 148Section 54Section 56(2)(x)