Wa0022.
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Income from Other Sources is the residual head in Gross Total Income. Section 56 gives the
chargeability of income under the head of ‘Other Sources’ and section 57 and 58 specify the
basis of computation of Income. In this Chapter we will also discuss Deemed Dividends under
Section 2(22).
Under this head an assessee has an option to choose either cash basis of accounting or
accrual basis of accounting while calculating income from 'Other Sources'.
Illustration : Mr. V has invested Rs. 1,00,000 in the bank fixed deposits on 1/1/2022 for the
period of one year which will fetch him interest at the rate of 8% pa. On 31/12/2023 he will
earn interest of Rs. 8,000. If Mr. V follows:
(a) Cash basis of accounting then the full amount of Rs. 8,000 will be taxable when it is
received (31/12/2022), i.e., in PY 2019-2022.
(b) Accrual basis of accounting then Rs. 2,000 will be taxable in the PY 2019-2022 and Rs.
6,000 will be taxable in the PY 2022-2023.
If following three conditions are satisfied then income is chargeable to tax under the head of
‘Income from Other Sources’:
(a) There is an income.
(b) Such Income is not excludable from total income.
(c) Source of such income does not fall under any one of the other four heads of income.
So it can be said that income shall be taxable under other sources only if it is not chargeable
to tax under four heads, namely
• Income from salary; or
• Income from house property; or
• Income from business and profession; or
• Income from capital gains.
Following incomes are always included under “Income from other sources”
(1) DIVIDENDS: SECTION 56(2)(i)
Discussed in chapter Dividend
(2) WINNINGS FROM LOTTERIES, CROSS WORD PUZZLES, RACES INCLUDING
HORSE RACES, CARD GAMES AND OTHER GAMES, GAMBLING OR BETTING
OR CASUAL INCOMES: SECTION 56(2)(ib)
(a) Gross winnings are taxable at a rate of 30% flat under Section 115BB.
(b) No expenses are allowed to be deducted from such incomes.
(c) Income from lotteries etc. exceeding Rs. 10,000 and income from horse races exceeding
Rs. 10,000 are subject to TDS @ 30% under Sections 194B and 194BB respectively.
(d) If an assessee receives net income then it shall be grossed up before including the amount
of winnings in GTI.
Illustration 2: Mr. V has participated in the quiz game and the organizers of the game show
have paid him amount of winnings of Rs. 35 lakh after doing TDS of 30%. In this net amount
of Rs. 35 lakh, amount of TDS will be added to make the winnings amount as gross. Amount
of TDS shall be Rs. 35 lakh/70 Rs. 100 = Rs. 15 lakh. Therefore, the amount of gross winnings
shall be taken as Rs. 50 lakh. While calculating his gross total income we shall include the
gross amount of Rs. 50 lakh and not the net amount of Rs. 35 lakh.
(e) In case of interest payable by Central or State Government it shall always be deemed to
accrue or arise in India as per Section 9(1) and shall be taxable for all kinds of assessee
whether resident or non-resident.
(f) Interest income exempt from Tax is given under section 10(15) some of which are:
(i) Interest on Post Office Savings Account is exempt upto Rs. 3,500 in case of single holder
account and in case of joint holder account this limit will be Rs. 7,000.
(ii) Interest on capital investment bonds.
(iii) Interest on relief bonds.
(iv) Interest on PPF account is exempt u/s 10(11)
Find out the income chargeable to tax in the following cases for the assessment
years 2023-24 and 2024-25 -
a. On May 5,2022, X barrows Rs, 1,00,000 at the rate of 9 per cent annum from
a bank to invest in public issue of 12 per cent debentures of A Ltd. A ltd.
allots debentures on May 12, 2022 (as per the terms of allotment, interest is
payable every year on November 30. However, the first interest on November
30, 2022 would be for the period commencing May 12, 2022 to November 30,
2022).
b. On April 18, 2022, Y borrows Rs. 2,00,000 at the rate of 8 per cent per annum
from a bank to invest in public issue of 9.5 per cent debentures of B Ltd. B
ltd. allots debentures on April 30, 2022 (as per terms of allotment, interest is
payable every year on May 15, however, the first interest would be payable
only on May 15, 2023 for the period commencing April 30, 2022 to May 15
2023.
(13) ANY GIFT RECEIVED BY ANY PERSON FROM ANY OTHER PERSON OR
PERSONS: SECTION 56(2)(x)
The following expenses are allowed to be deducted from the Income chargeable under this
chapter:
(1) The remuneration or commission paid to a banker for realization of dividends and/or
interest. However if the dividend is exempt from tax then its expenses are not allowed to be
deducted.
(2) Expenses such as repairs, insurance premium, depreciation etc. are allowed to be reduced
from the rental incomes by letting out of plant or machinery.
(3) In respect of the family pension the lower of the following shall be allowed as a deduction:
(a)5,000
(b) l/3rd of such family pension received by the assessee
(4) Interest received by an assessee on compensation or enhanced compensation shall be
deemed to be his Income for the year in which it is received, irrespective of the method of
accounting followed by the assessee and such interest income shall be charged to Tax as the
Income from Other Sources u/s 56. Further u/s 57, deduction of 50% of such interest shall be
allowed and only balance amount shall be taxable.
Expenses other than expenses mentioned as above are still allowed as deduction if all of the
following conditions are fulfilled:
(1) It is not capital expense in nature
(2) It is expended wholly and exclusively for the purpose of earning Income of Other Sources
(3) It is not personal expenditure
(4) Expenditure is incurred during the previous year
(5) There is a clear relationship between the Income earned and expenditure incurred
This Section provides specific amounts, which are not deductible in computing the income
chargeable under this head of ‘Income’. Disallowances under this Section are listed below:
(1) Personal expenses
(2) Any interest which is payable outside India on which no TDS has been done or paid
(3) Any payment of salary outside India on which no TDS has been done or paid
(4) Any amount of wealth tax
(5) While calculating the income from winning of lotteries, races, games etc. no kind of
expenses in respect of such incomes shall be allowed to be reduced. This point shall not apply
while calculating incomes earned from activity of owing and maintaining of race horses.
(6) Expenditure in relation to incomes not included in total income is also not deductible.
DEFINITION OF RELATIVE:
(2) jewellery
(4) drawings
(5) paintings
(6) sculptures
NOTE: The term property shall include only those assets which are in the nature of capital
assets and not those assets which are in the nature of stock-in-trade or raw material or
consumable stores of any business.
Illustration:
Monetary gifts received from relatives are always fully exempt, in every situation and
irrespective of the amount.
Illustration: Mr. V qualifies as a CA in July 2022 and his father has gifted him cash of Rs.
5,00,000 on the same occasion. In this case, father is a relative and cash gift of Rs. 5,00,000
shall be fully exempt for Mr. V
The difference between Stamp Duty Value of immovable property and consideration
paid shall be regarded as value of gift i.e. income.
Such difference shall always be fully exempt when immovable property is received
from relatives.
The difference between FMV of movable property and consideration paid shall be
regarded as value of gift i.e. income.
Such difference shall always be fully exempt when movable property is received from
relatives.
Stamp Duty Value of immovable property shall be regarded as value of gift i.e. income.
Where stamp duty value of immovable property does not exceed Rs. 50,000 per
property the whole of the stamp duty value of such property shall be exempt for the
recipient.
Illustration : Mr. X gifts a flat to his friend Mr. V on the occasion of his 25th marriage
anniversary on 17/11/2023, which has the stamp duty Value of Rs. 40,000. In this case Rs.
40,000 shall be exempt for Mr. V.
> Where stamp duty value of immovable property exceeds Rs. 50,000 per property the whole
of the stamp duty value of such property shall be taxable for the recipient as the income from
other sources.
Illustration : Mr. X gifts a flat to his friend Mr. V on the occasion of his 25th marriage
anniversary on 17/11/2023, which has the stamp duty Value of Rs. 3,35,000. In this case Rs.
3,35,000 shall be taxable for Mr. V as income of other sources.
Illustration : Mr. X gifts a flat to his friend Mr. V on the occasion of his 25th marriage
anniversary on 17/11/2023, which has the stamp duty Value of Rs. 3,35,000. On the same
day Mr. Y gifts a flat to Mr. V which has the stamp duty Value of Rs. 45,000. In this case Rs.
3,35,000 shall be taxable for Mr. J as income of other sources and Rs. 45,000 shall not be
taxable for Mr. V.
If the date of the agreement fixing the amount of consideration for the transfer of the
immovable property and the date of registration are not the same, the stamp duty may be
taken as on the date of the agreement, instead of that on the date of registration.
This shall apply only in a case where the amount of consideration, or a part thereof, has been
paid by an account payee cheque or an account payee bank draft or by use of electronic
clearing system through a bank account or through such other electronic mode as may be
prescribed (Amended from AY 2022- 2023) on or before the date of the agreement fixing the
amount of consideration for the transfer of such immovable property.
Where movable property is received without consideration and the aggregate Fair Market
Value of all such properties exceeds Rs. 50,000, the whole of the aggregate Fair Market Value
of such properties shall be taxed for the recipient as the income from other sources.
VOLUME 2_ DIRECT TAX _FA 23 CA VIKRAM BIYANI
290
Illustration : Mr. A gifts a gold biscuit to his friend Mr. V on the occasion of his 25th marriage
anniversary on 17/11/2023, which has the Fair Market Value of Rs. 90,000. In this case Rs.
90,000 shall be taxable as income from other sources for Mr. V.
Illustration : Mr. X gifts a gold biscuit to his friend Mr. V on the occasion of his 25th marriage
anniversary on 17/11/2023, which has the market value of Rs. 38,000. He also gifts a wrist
watch on his 50th birthday on 30/8/2023 which has the market value of Rs. 45,000. In this
case nothing shall be taxable as income from other sources for Mr. V. This is because value
of gold is less than Rs. 50,000 and wrist watch is not regarded as a movable asset and it will
not be taxable.
If a movable property is received for a consideration which is less than the aggregate Fair
Market Value of the property and the difference between the two exceeds Rs. 50,000, then
the difference between the Fair Market Value of such property and such consideration shall
be taxed as the income of the recipient under the head of Other Sources.
Illustration : Mr. X sells a gold bar to his friend Mr. V for Rs. 2,00,000 on 30/8/2023, which
has the market value of Rs. 2,35,000. In this case nothing shall be taxable as income for Mr.
V
Illustration : Mr. X sells a gold bar to his friend Mr. V for Rs. 2,00,000 on 30/8/2023, which
has the market value of Rs. 2,75,000. In this case Rs. 75,000 shall be taxable as income for
Mr.V
Illustration : Mr. V, a dealer in shares, received the following without consideration during the
PY 2023-2024 from his friend Mr. B
(1) Cash gift of Rs. 75,000 on his anniversary, 17/11/2023
(2) Bullion, the Fair Market Value of which was Rs. 60,000, on his birthday on 30/8/2023
(3) A plot of land at KOLKATA on 1/7/2023, the Stamp Duty Value of which is Rs. 5 lakhs on
that date. Mr. B had purchased the land in April 2011.
(4) Mr. V purchased from his friend C, who is also a dealer in shares, 1,000 shares of X Ltd.
@ Rs. 400 each on 19/6/2023, the Fair Market Value of which was Rs. 600 each on that date.
Mr. V sold these shares in the course of his business on 23/6/2023.
(5) On 1/11/2023, Mr. V took possession of property (building) booked by him two years ago
for Rs. 20 lakhs. The Stamp Duty Value of the property as on 1/11/2023 was Rs. 32 lakhs and
on the date of booking was Rs. 23 lakhs. He had paid Rs. 1 lakhs by cheque as down payment
on the date of booking.
Compute the income of Mr. V chargeable under the head ‘Income from other sources’
for AY 2024-2025 i.e. PY 2023-2024.
Particulars Rs.
Cash gift is taxable under Section 56(2)(x), since it exceeds Rs. 50,000 75,000
Bullion is taxable since the aggregate fair market value exceeds Rs. 50,000 60,000
Stamp Duty Value of plot of land at Faridabad, received without consideration, is 5,00,000
taxable under Section 56(2)(x)
Difference of t2 lakh in the value of shares of X ltd. purchased from Mr. C, a dealer NIL
in shares, is not taxable as it represents the stock-in-trade of Mr. V. Since Mr. V is
a dealer in shares and it has been mentioned that the shares were subsequently
sold in the course of his business, such shares represent the stock-in-trade of Mr.
V
Difference between the stamp duty value of Rs. 23 lakh on the date of booking and 3,00,000
the actual consideration of Rs. 20 lakh paid is taxable. (Difference amount is more
than Rs. 50,000 and more than 5% of the consideration)
X a c q u i r e a C o m m e r c i a l f l a t f ro m Y o n 1 6 - 0 6 - 2 0 2 3 . C O Aa n d s t a m p d u t y v a l u e a re a s f o l l o w s
Ca s e 1 Ca s e 2 Ca s e 3 Ca s e 4 Ca s e 5
Di s c u s s t h e t a x c o n s e q u e n c e s i n t h e h a n d s o f X a n d Y
Ca s e 1 Ca s e 2 Ca s e 3 Ca s e 4 Ca s e 5
Co n s i d e r a t i o n a
Re l e v a n t c o n d i t i o n to
attract 56(2)(x)
a. Whether c
is more
than b
b. Whether
the excess
of c over a
is more
than Rs
50,000
Section 5 0C
Full value of
c o n s i d e ra t i o n for
calculating capital gain
in the ha nds of Y
S E CT I O N 4 9 ( 4 )
Co s t o f a c q u i s i t i o n in
the hands of X
X a c q u i r e a n i m m o v e a b l e p r o p e rt y d u r i n g t h e A p r i l 2 0 2 3 f ro m Y . Re l e v a n t d a t a i s g i v e n b e l o w
Ca s e 1 Case 2 Ca s e 3 Case 4 Ca s e 5
Di s c u s s t h e t a x c o n s e q u e n c e s i n t h e h a n d s o f X a n d Y
Ca s e 1 Case 2 Ca s e 3 Case 4 Ca s e 5
Co n s i d e r a t i o n a
110% of consideration b
Re l e v a n t c o n d i t i o n t o a t t r a c t
56(2)(x)
a . w h e t h e r c is m o r e t h a n b
b . wh e t h e r t h e e x c e s s o f c o v e r
a is more than 50,000
Section 50C
F u l l v a lu e o f c o n s id e r a t i o n f o r
c a l c u l a t i n g c a p i t a l g a i n in t h e
hands of Y
S E CT I O N 4 9 ( 4 )
Illustration : Mr. V is employed in A Ltd. He has received a cash gift of Rs. 15,000 from his
employer on the occasion of his birthday.
In this case full amount of Rs. 15,000 shall be taxable for Mr. V as his income under the head
Salary.
Illustration Mr. V is employed in T Ltd. He has received a wrist watch as a gift which has Fair
Market Value of Rs. 3,000 from his employer on the occasion of his birthday.
In this case full amount of Rs. 3,000 shall be exempt for Mr. V.
Illustration : Mr. V is employed in P Ltd. He has received a wrist watch as a gift which has Fair
Market Value of Rs. 15,000 from his employer on the occasion of his birthday.
In this case full amount of Rs. 15,000 shall be taxable for Mr. V as his income under the head
Salary.
GIFT RECEIVED IN CONNECTION WITH BUSINESS/PROFESSION.
Gifts or Perquisites from Clients which are in connection with business or profession are
covered under section 28. If any person has received any gift or perquisite or benefit either in
cash or in kind from any of his clients, it will be considered to be business receipt and shall be
taken into consideration while computing PGBP income. Further asset received may be capital
asset or may not be a capital asset.
Illustration : A Doctor has received an ambulance as gift from one of his patients and its Fair
Market Value is Rs. 10,00,000. Doctor has been fully compensated for his services and this
has been given to him over and above the normal professional fees.
In this case it will be considered to be PGBP income of doctor and taxable will be full Rs.
10,00,000.
Question 3:
Radhe received on 11.2.2024 gifts each of Rs 21,000 from his two friends Shiva and
Krishna and of Rs 51,000 from his sister living in UK. Explain in brief about the treatment
to be given under the I.T. Act, for Assessment Year 2024-25. [NOVEMBER 2008]
Answer:
Section 56(2)(x) provides that the following shall be taxable under the head "Income from
Other Sources":
Where any sum of money, the aggregate value of which exceeds Rs 50,000, is received without
consideration, by any person, in any previous year from any person or persons, the whole of
the aggregate value of such sum.
Provided that this clause shall not apply to any sum of money or any property received inter-
alia, from any relative.
Therefore, gifts received by Radhe on 11.2.2024 from his two friends of Rs 21,000 each shall
not be included in the total income of Radhe since, the aggregate value of all such sums
received during the previous year does not exceed Rs 50,000. Further, the gifts from sister
living the UK would be exempted under proviso to section 56(2)(x).
Question 4:
Chitra received gifts of Rs 1,00,000 from her father in law and of Rs 11,000 each from her
10 friends at the time of her marriage on 11.3.2024. Explain in the context of provisions
of the Act, whether the income derived during the year ended on 31.3.2023 shall be
subject to tax in A. Y. 2024-25. [MAY 2009]
Answer:
As per the provisions of section 56(2)(x), where any sum of money, the aggregate value of
which exceeds Rs 50,000, is received without consideration, by any person, in any previous
year from any person or persons, the whole of the aggregate value of such sum:
Provided that this clause shall not apply to any sum of money received on the occasion of the
marriage of the individual or from any relative.
Therefore, the gift of Rs 1,00,000 received from the father-in-law and Rs 11,000 from her 10
friends at the time of her marriage shall not be taxable in the hands of Chitra.
Question 5:
In July 2023 Mr. Parvez employed as Marketing Manager in a Pharma company,
received a Maruti car as gift from a distributor of the company. The value of the gifted
car is estimated at Y 2,00,000. Is the value of car taxable as income? If so, under what
head it is taxable?[MAY 2010]
Answer:
Section 56(2)(x) applies where any person receives, in any previous year, from any person or
persons, any property, other than immovable property, —
(A) without consideration, the stamp duty value of which exceeds Rs 50,000, the stamp duty
value of such property;
(B) for a consideration which is less than the AGGREGATE fair market value of the property
by an amount exceeding Rs 50,000, the aggregate fair market value of such property as exceeds
such consideration
In section 56(2)(x), car is not covered since:
“property” means—
(i) immovable property being land or building or both;
Answer:
i. Immovable property, being land or building or both, received without consideration by a
HUF from its relative is not taxable under section 56(2)(x).
Since Sujata is a member of Bharat HUF, she is a “relative” of the HUF, Therefore, if Bharat
HUF receives a house property from Sujata without consideration, the stamp duty value of such
property will not be chargeable to tax in the hands of the HUF, since such receipt from a
“relative” is excluded from the scope of section 56(2)(x).
ii. The provision of section 56(2)(viib) are attracted in this case since the shares of a closely
held company are issued at a premium (i.e., the issue price of Rs 70 per share exceeds the face
value of 10 per share). The consideration received by the company in excess of the fair market
value of the shares would be taxable under section 56(2)(viib).
Therefore, Rs 10,00,000 i.e., [( Rs 70 - Rs 50) x 50,000 shares] shall be the income chargeable
under the head “Income from other sources” in the hands of JD Private Limited.
Question 9:
From the following particulars, compute the gross total income of Mr. Z for the
Assessment Year 2024-25
(i) Mr. Y transferred his residential house to Mr. Z for Rs 10 lakh on 1.4.2023. The value
of the said house as per stamp valuation authority was Rs 18 lakhs. Mr. Z is a childhood
friend of Mr. Y.
(ii) Mr. Z received a car from his cousin on payment of Rs 2,50,000 fair market value of
which was Rs 4,00,000.
(iii) Land of Mr. Z was acquired by railways in 2011. On 15.12.2023, he received Rs
1,70,000 as interest on enhanced compensation on the order of the Court.
(iv) On a fixed deposit of Rs 10 lakhs, in a bank, Mr. Z received an interest of Rs 90,000.
He had also borrowed Rs 50 lakhs from the same bank, on security of the fixed deposit
and was liable to pay Rs50,000 by way of interest to the bank. He therefore, offered the
difference between the two amounts i.e. Rs 40,000 as “Income from Other Sources”.
[NOVEMBER 2014]
Answer:
Computation of Gross Total Income of Mr. Z for the Assessment Year 2023-24
Particulars Amount
(i) Income from Other Sources 8,00,000
Receipt of immovable property for inadequate consideration as
(ii) per the provisions of section 56(2)(x). The difference between the stamp Nil
duty value ( Rs 18 lakhs) and the actual consideration ( Rs 10 lakhs)
would be taxable.
Since car is not included in the definition of property Under
(iii) Section 56(2) (x), receipt of car for inadequate consideration would not 85,000
attract the provisions of Section 56(2)(x).
Interest on enhanced compensation amounting to Rs 1,70,000
(iv) would be taxable under section 56(2) (viii) in the year of receipt. 90,000
Deduction 50% is allowable under section 57(iv). Hence, the taxable
interest is Rs 85,000 (i.e. 7 1,70,000 - 7 85,000).
Question 11:
Discuss the tax implications under Section 56(2) in respect of each of the following
transactions:
a. Mr. Anaimudi received a painting by Raja Rain Verma worth Rs 65,000 from his
nephew by way of gift on his 25th wedding anniversary.
b. Dodabetta's son transferred shares of Pir Panjal Ltd. to Dodabetta HUF without any
consideration. The fair market value of the shares is Rs 3 lakhs.
c. ABC Private Ltd. purchased Rs 8,000 equity shares of Satarupas Private Ltd. at Rs 72
per share from Ms. Yamuna. The fair market value per share on the date of transaction
is Rs 90.[NOVEMBER 2016]
Answer:
Tax Implications under section 56(2)
(i) Under section 56(2)(x), where an individual received any property other than immovable
property without consideration, the aggregate fair market value of which exceeds Rs 50,000,
such value of property would be chargeable to tax under the head "Income from other sources".
As per Explanation to section 56(2) (x), paintings are included in the definition of 'property".
Therefore, Rs 65,000, being the fair market value of painting, would be taxable in the hands of
Mr. Anaimudi, since he received such painting without any consideration from his 'nephew',
who is not included in the definition of 'relative' as per Explanation to section 56(2)(x)
thereunder, and its fair market value exceeds Rs 50,000.
(ii) Any property received without consideration by a HUF from its relative is not taxable under
section 56(2)(x).
Since Dodabetta's son is a member of Dodabetta HUF, he is a "relative" of the HUF.
Therefore, if Dodabetta HUF receives any property (shares, in this case) from its member, i.e.,
Dodabetta's son, without consideration, then, the fair market value of such shares will not be
chargeable to tax in the hands of the HUF even though its fair market value exceeds Rs 50,000,
since such shares are received from a "relative’ by HUF.
(iii) As per section 56(2)(x), in this case, the difference of Rs 1,44,000 [i.e., ( Rs 90 - Rs 72) x
8,000] is taxable under section 56(2)(x), in the hands of ABC Private Ltd.
Nature of Receipts ₹
(ii) Rent Received for letting out Agricultural Land for a movie shooting 72,000
Illustration - Sale of Capital Asset / Stock in Trade for inadequate consideration - RTP
Mr. Hari a Property Dealer, sold a building in the course of his business to his friend
Rajesh, who is a dealer of Automobile Spare Parts for ₹ 90 Lakhs, on 01.01.2024, when
the Stamp Duty Value was ₹ 150 Lakhs. The agreement was, however entered into on
01.07.2023, when the Stamp Duty Value was ₹ 140 Lakhs. Mr. Hari had received a down
payment of ₹ 15 Lakhs by cheque from Rajesh on the date of agreement. Discuss the
tax implications in the hands of Hari and Rajesh, assuming that Mr. Hari has purchased
the building for ₹ 75 lakhs on 12th July 2022.
Would your answer be different if Hari was a Share Broker instead of a Property Dealer?