Section 56 of Income Tax Act

Section 56 of the Income Tax Act, 1961 addresses income from sources not covered under primary heads like salary, house property, or capital gains. It ensures that miscellaneous or unconventional income, such as gifts, winnings, or share premiums is taxed appropriately, plugging potential loopholes and promoting comprehensive tax compliance.
What is Section 56 of Income Tax Act
3 min
30-June-2025

Not all income comes from salary, rent, or business profits. Some earnings fall outside the usual categories and that’s where Section 56 of the Income Tax Act, 1961 comes in. It deals with a wide range of incomes that don’t fit under other tax heads like salary, house property, business/profession, or capital gains. From gifts and lottery wins to rental income from equipment and interest on bonds, Section 56 ensures these "miscellaneous" earnings don’t slip through the cracks. Whether you’re an individual or a business, knowing what counts as “Income from Other Sources” under this section can help you stay compliant and avoid unnecessary tax surprises. If your income extends beyond traditional sources, aligning it with smart financial planning tools like mutual funds can help optimise returns while managing tax exposure. Compare Mutual Fund Options Now!

Let us break it down and understand what exactly falls under this bucket, and how it impacts your tax return.

What is section 56 of the Income Tax Act?

Section 56 of the Income Tax Act covers income that doesn’t come from your job, property, business, or stock market gains. It’s essentially a catch-all category called “Income from Other Sources.”

This includes everything from:

  • Interest on savings or bonds

  • Dividends

  • Lottery winnings

  • Rental income from machinery

  • Gifts (especially from non-relatives)

For taxpayers, this section is important because it ensures that even irregular or one-off income gets taxed properly. For example, if you receive a gift of over Rs. 50,000 from a friend, the entire amount becomes taxable unless exempted. Similarly, if you rent out your personal machinery or get a lottery win, those earnings also fall under this head. Many investors looking for passive income sources often end up facing tax confusion. Knowing how Section 56 works can help you invest smarter and reduce avoidable burdens. Save Taxes with ELSS Mutual Funds!

Example of Section 56

Let’s make this easier with an example.

Suppose Mr. A, a salaried employee, receives different forms of income during the year:

  • Rs. 1,00,000 as dividend from an Indian company

  • Rs. 5,00,000 from a lottery

  • Rs. 50,000 as interest from government bonds

  • Rs. 1,00,000 as a birthday gift from a non-relative

  • Rs. 1,20,000 from renting out machinery

  • Rs. 2,00,000 as advance for land sale (deal cancelled, advance forfeited)

Here’s how these incomes are taxed under Section 56:

  • Dividend (Rs. 1,00,000) – Taxable under Section 56(2)(i)

  • Lottery winnings (Rs. 5,00,000) – Taxed at a flat 30% + cess under Section 56(2)(ib)

  • Interest (Rs. 50,000) – Taxable under Section 56(2)(id)

  • Gift (Rs. 1,00,000) – Fully taxable under Section 56(2)(x) as it exceeds Rs. 50,000 and is from a non-relative

  • Machinery rent (Rs. 1,20,000) – Taxable under Section 56(2)(ii)

  • Advance forfeited (Rs. 2,00,000) – Taxable under Section 56(2)(ix)

So, Mr. A’s total taxable income under this section is Rs. 10,70,000. The lottery amount is taxed at a fixed rate, while the rest is taxed as per the individual’s applicable slab. If you receive multiple types of income especially from dividends or interest—investing through regulated platforms like mutual funds can make tax management more transparent and efficient. Explore Top-Performing Mutual Funds!

What is income from other sources?

“Income from other sources” is a broad category used to tax any money you earn that doesn’t fall into the usual buckets like salary, rental income, business profits, or capital gains.

Think of it as the government's way of ensuring that all your earnings—big or small—are accounted for. This includes:

  • Interest from bank deposits or bonds

  • Dividends from mutual funds or companies

  • Rent from machinery or equipment

  • Gifts from non-relatives

  • Lottery wins, gambling income, or game show prizes

So, even if your income comes from random or unexpected places, it’s not exempt from tax. Section 56 ensures these are recognised and taxed fairly.

Types of taxable income under ‘Income from other Sources’

Section 56 includes many specific types of income. Let’s walk through some common ones that often get taxed under this head:

  • Dividends: Any dividend income from Indian or foreign companies is generally taxed under this section, especially after the removal of Dividend Distribution Tax (DDT).

  • Lottery or game winnings: If you’ve ever won a lottery, game show, or horse race—congrats! But be ready to pay a flat 30% tax, plus cess.

  • Undeposited employee contributions: If your employer collects your PF or ESI contribution but doesn’t deposit it in time, it becomes taxable for them.

  • Interest on securities: This includes interest income from debentures, government bonds, or other financial securities.

  • Advance forfeiture: If you get an advance payment for selling a property but the deal gets cancelled and you keep the advance, it’s taxable.

  • Rent from machinery/furniture: If you lease out plant, machinery, or furniture, that rental income is taxed here.

  • Furniture with property rent: If furniture and property are rented together and cannot be separated, it’s also taxed under this head.

  • Keyman insurance proceeds: Any money received from a Keyman insurance policy is taxable.

  • Compensation for job loss: Money received after losing a job, such as a severance package, is also taxable here.

  • Repayments by business trusts: If a REIT or InVIT pays you more than what you paid to acquire debt, that excess is taxed.

  • Life insurance proceeds: If insurance maturity payouts exceed the premiums paid (and aren't exempt under Section 10(10D)), the surplus becomes taxable.

  • Gifts: Any gift above Rs. 50,000 received from non-relatives is taxed unless it falls under an exemption category.

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Taxation of capital transactions under Section 56(2)(x)

Section 56(2)(x) plays a big role in regulating how gifts and property deals are taxed especially when something is bought too cheap or gifted outright.

1. For immovable property (like land or buildings):

  • If received as a gift and its stamp duty value exceeds Rs. 50,000, the entire value becomes taxable.

  • If purchased and the stamp duty value exceeds the purchase price by more than Rs. 50,000 or 10%, the difference is taxed as income.

For example:

  • Scenario 1: You buy a flat for Rs. 50 lakh, and the stamp duty value is Rs. 54 lakh (difference = 8%) → No tax.

  • Scenario 2: You buy the same flat, but the stamp duty value is Rs. 60 lakh (difference = 20%) → Rs. 10 lakh becomes taxable.

2. For movable property (like jewellery, gold, shares):

  • If received free and the FMV exceeds Rs. 50,000, the entire FMV is taxable.

  • If purchased at a price much lower than FMV (by over Rs. 50,000), the difference is taxable.

This provision is aimed at reducing the use of undervalued or undocumented transactions (often referred to as black money) and maintaining transparency in property and asset transfers.

Tax on property transactions

When you buy or receive property whether it’s a piece of land, a flat, or even gold it’s not just the value on paper that matters. The Income Tax Department wants to ensure that all transactions are declared at fair market value and taxed appropriately if undervalued.

Here’s how the tax works:

  • Immovable property (like land or buildings): If you receive a property for free and its stamp duty value exceeds Rs. 50,000, the entire amount is taxed as your income.

  • If you purchase the property but the stamp duty value exceeds your purchase price by over Rs. 50,000 or by more than 10%, the difference is taxable.

This helps plug loopholes where people under-report sale prices to avoid taxes.

  • Movable property (like gold, jewellery, artwork, shares): If the fair market value (FMV) exceeds Rs. 50,000 and you got it free or at a steep discount, the whole FMV or the difference (respectively) is taxed.

The rule ensures that you can’t just receive high-value assets at zero or low prices and skip tax by calling it a “gift” or a “good deal.”

Taxation of gifts received under Section 56(2)(x)

Not all gifts are tax-free. Section 56(2)(x) clearly spells out when and how a gift becomes taxable.

If you receive gifts worth more than Rs. 50,000 in total during a financial year from someone who is not a relative then the entire amount becomes taxable.

This includes:

  • Cash gifts

  • Online transfers or cheques

  • Property (movable or immovable)

  • Fixed deposits or demand drafts

Let us say you receive Rs. 15,000 in April and Rs. 40,000 in March totalling Rs. 55,000 in the same year. Since the total crosses Rs. 50,000, the full Rs. 55,000 will be taxed.

If you get gifts from your employer, they’re taxed as salary regardless of the amount—unless they’re non-cash items under Rs. 5,000.

Bottom line? Gifts are not always free in the eyes of the taxman.

Exemptions under Section 56(2)(x)

Thankfully, the tax department recognises that not every gift is a loophole or an attempt to hide income. That’s why Section 56(2)(x) allows certain exemptions where gifts are not taxed:

Here are key exemptions:

  • From relatives – including your spouse, siblings, parents, children, and direct ancestors or descendants.

  • On the occasion of marriage – gifts received during your wedding aren’t taxed.

  • Via inheritance or will – property or money passed on through a will or succession is tax-free.

  • From local authorities – such as panchayats, municipalities, or district boards.

  • From educational or medical institutions – universities, schools, or hospitals giving grants are exempt.

  • From charitable/religious trusts – provided they’re registered under Section 12A or 12AA.

  • From trusts set up for relatives’ benefit – gifts from a trust set up solely for your relatives are also exempt.

Impact of Section 56 on taxpayers and tax administration

Section 56 may seem like just another rule in the Income Tax Act, but it has real implications—for both taxpayers and the tax department.

For taxpayers, this section adds a layer of complexity. It’s not always obvious which incomes count as “other sources.” You need to track unusual income like gifts, prize winnings, or rent from machines items that don’t fall under salary or business. If you miss reporting these, you could face penalties or scrutiny.

Keeping clear records and understanding your obligations is essential. By doing so, you can avoid surprises during tax filing and also plan better to optimise your liabilities.

For tax authorities, Section 56 is a useful tool. It helps bring all the non-regular incomes into the tax fold and prevents people from escaping tax through loopholes like undervalued gifts or property deals. The section strengthens the tax system by broadening what’s considered taxable and reducing scope for evasion. If you're receiving varied sources of income, planning ahead through diversified investment vehicles like mutual funds can help offset liabilities and grow your savings. Start Investing or SIP with Just Rs. 100!

Section 56: In-depth analysis

To really understand Section 56, you need to go beyond just the examples and look at the finer legal clauses. These sub-sections help the tax department track and tax specific types of income that may otherwise be missed.

  • Sub-section 56(2)(viiib): Deals with shares issued at inflated prices by closely held companies. If shares are sold above fair market value, the excess is taxed to avoid backdoor funding or tax avoidance.

  • Sub-section 56(2)(viii): Covers interest received as compensation say, for delayed payment in a real estate deal. That interest is taxable as income from other sources.

  • Sub-section 56(2)(ix): If you receive an advance for a capital asset (like land) and the deal falls through, but you keep the advance, that amount is taxable.

  • Sub-section 56(2)(x): One of the broadest clauses this taxes any receipt of money or assets without adequate consideration, unless specific exemptions apply.

Tax relief in the aftermath of COVID-19

The government recognised that the pandemic caused unprecedented hardship. So, some relief measures were introduced under Section 56 to ease the tax burden in such distressing situations.

Here’s what changed under the Finance Act 2022:

  • If you received financial help from your employer or anyone else to cover COVID-19 treatment costs, it is completely exempt from tax.

  • If your family received money after the death of a breadwinner due to COVID-19, that amount is not taxable either.

    • There’s no cap if the amount is from the employer.

    • If it’s from someone else, up to Rs. 10 lakh is exempt.

Future trends and potential reforms

Section 56 has already evolved quite a bit, but more changes are likely in the coming years. As financial behaviours shift and digital transactions increase, reforms could aim to simplify the rules, making it easier for taxpayers to understand and comply. One possible update could be clearer definitions for exemptions and property valuation to reduce ambiguity. There may also be refinements in how different gifts and property types are classified, helping prevent misreporting or misuse of loopholes.

Another trend shaping the future is digitalisation. With more real-time financial data available, the income tax department may use advanced analytics and AI to detect non-disclosure of gifts or undervalued property deals. That means taxpayers will need to be extra cautious about compliance, as tracking and cross-verification become more seamless.

Conclusion

To sum up, Section 56 of the Income Tax Act is the go-to provision for taxing “miscellaneous” income. Whether it’s dividends, lottery winnings, gifts, rental income from machinery, or even forfeited advances, this section ensures such earnings are not left out of the tax net.

That said, it’s not all about paying more tax. There are exemptions too, particularly for gifts from close relatives, marriage gifts, and inheritance. Post-COVID changes also made financial assistance for treatment or death benefits non-taxable, which is a welcome relief. As financial regulations get tighter and digital scrutiny increases, staying informed about Section 56 will help taxpayers remain compliant and avoid unexpected liabilities. Understanding its scope can empower you to make smarter tax decisions and avoid missteps.

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Frequently asked questions

What is the Section 56 exemption limit?
Section 56 exempts gifts received up to Rs. 50,000 in a financial year.
What is Section 56 of the Income Tax Act gift example?
Say you received Rs. 55,000 as gifts from non-relatives in the entire financial year. Now, as per Sec 56, the entire amount will be taxable, as it crossed the threshold of Rs. 50,000
Who are the relatives under Section 56 of Income Tax Act?

Under Section 56 of the Income Tax Act, relatives include:

  • Spouse
  • Siblings (brother or sister)
  • Siblings of the spouse
  • Siblings of either parent
  • Any lineal ascendant or descendant
  • Lineal ascendant or descendant of the spouse
  • Spouse of the above persons
What is income from other sources?
Income from other sources refers to earnings not classified under salary, house property, business/profession, or capital gains. Some common examples of such earnings are interest, dividends and lottery winnings.
What is the tax rate for income from other sources?
The tax rate for income from other sources is based on the individual's applicable income tax slab rate. However, winnings from lotteries, horse racing, crossword puzzles, and gambling are taxed at a flat rate of 30% plus cess.
What is clubbing of income?
Clubbing of income refers to the process by which the income of one person is added to the income of another person and is taxed in the hands of the latter.
What documentation should be maintained for gifts and other receipts?
You can maintain these documents: gift deeds, receipts, bank statements, and valuation reports for gifts.
If a person gives a cash gift to his wife, will that be taxable under Section 56(2)(x)?
No, gifts between spouses are not taxable under Section 56(2)(x) of the Income Tax Act.
What is an example of Section 56 of the Income Tax Act on gifts?

For instance, if you receive Rs. 55,000 in gifts from non-relatives during a financial year, the entire amount will be taxable under Section 56, since it exceeds the tax-free limit of Rs. 50,000.

What is income from other sources?

Income from other sources refers to any earnings that do not fall under salary, house property, business or profession, or capital gains. Examples include interest income, dividends, and lottery winnings.

What is clubbing of income?

Clubbing of income occurs when the income earned by one person is added to the income of another and is taxed in the hands of the latter. This usually happens in cases involving family members or dependents.

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The information contained in this article is for general informational purposes only and does not constitute any financial advice. The content herein has been prepared by BFL on the basis of publicly available information, internal sources and other third-party sources believed to be reliable. However, BFL cannot guarantee the accuracy of such information, assure its completeness, or warrant such information will not be changed. 

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